■ 
 
 THEOLOGICAL SEMINARY, 
 
 Prinx^eton, N. J. 
 
 BX 9075 .A44 1838 
 
 Annals of the General 
 Assembly of the Church of 
 
\ 
 
 J^*'*l 
 
ANNALS 
 
 GENERAL ASSEMBLY 
 
 OF THE 
 
 CHURCH OF SCOTLAND, 
 
 FROM 
 
 THE FINAL SECESSION IN 1739, 
 
 TO 
 
 THE ORIGIN OF THE RELIEF IN 1752; 
 WITH AN APPENDIX 
 
 BIOGRAPHICAL SKETCHES, ILLUSTRATIVE DOCUMENTS, 
 AND NOTES. 
 
 EDINBURGH: 
 
 JOHN JOHNSTONE, 2, HUNTER SQUARE. 
 
 MDCCCXXXVITI. 
 
 c 
 
I 
 
L 
 PREFA 
 
 The present volume is designed to be, for the period 
 which it embraces, a Record of the transactions of the 
 General Assembly of the Scottish Church, whether relat- 
 ing to Legislative Acts or Judicial Decisions ; — in- 
 clusive also of whatever comes under the designation of 
 " Miscellaneous Business," with the exception of matters 
 of mere routine. 
 
 The narrative of those affairs which may be considered 
 as of general interest has, for the most part, been taken 
 from the Reports in the Scots Magazine, which have been 
 compared with the newspapers of the day, as well as with 
 the original records of the Church. As for the many 
 cases of less public importance, of which these records 
 furnish the only extant account, the Compiler had the 
 alternative of either reporting them in the language of 
 the abridgment of the " Actings and Proceedings of the 
 General Assembly," given annually at the end of the 
 Printed Acts, or of making a fresh abstract of them from 
 the Manuscript Registers. He has preferred the former 
 method, for the obvious reason, that as the summary in ques- 
 tion was drawn up by a Committee of each successive As- 
 sembly, and published under their sanction, it possesses an 
 authority, in the way of reference, which would attach to no 
 other abstract. It has, however, been carefully collated 
 with the unprinted record ; and when additional informa- 
 tion has been obtained thence, or from other sources, it will 
 be found either enclosed within brackets, or embodied in 
 the Notes at the foot of the page, or in the Appendix. — 
 With respect to the proceedings of the Commission (which 
 are seldom of much pubUc interest), the final disposal of 
 private cases referred to that body by the Assembly has 
 been commonly mentioned in the Notes relating to these 
 cases in the Appendix; but when no ftuthei notice is 
 
 f 
 
IV. PREFACE. 
 
 taken of them, it may be concluded that owing to the want 
 of a quorum^ or some other cause, they were allowed to 
 fall to the ground. The Indices at the end of the volume 
 will, it is presumed, be a sufficient guide to all that was 
 done by the Assembly or its Commission in any particular 
 question, and may prove serviceable even to those who 
 possess the Printed Acts, where the same facility of refer- 
 ence is very much wanted. 
 
 The events of this period proved to be, in their remoter 
 consequences, the most important in the internal history 
 of the Church since the Revolution ; for it was now that 
 the violent struggle ensued between the two parties in the 
 Assembly, which ended in the complete ascendancy of 
 what were termed moderate principles. There had, in- 
 deed, been a temporary triumph of somewhat similar 
 principles* previously to the commencement of the Seces- 
 sion in 1733; but after that event there was a manifest 
 re-action in favour of popular views, and this continued 
 up to the year 1739 (with which the volume opens), when 
 the Seceders having, by their Act of Declinature, closed 
 
 * There were, however, two material points of difference in the principles 
 of the old and the new Moderate Party. The latt'^r, as is well known, ordered 
 the settlement of every presentee without respect either to the signatures at 
 the call, or to the scruples of a reluctant Preshytery. The former /;rq/'^ssec? 
 at least to maintain the necessity of a call from heritors and elders, and when 
 they decided that a settlement should go on, they commonly left it to he 
 effected by " such of the Presbytery as were willing," or by a committee of 
 the Synod or Assembly. The new Moderate party can scarcely l)e said to 
 have been consolidated until Principal Robertson removed to Edinburgh, 
 about 1762; but he was the prime mover in the decision in the Inveikeith- 
 ing case, in which however he was supported by Professor Cuming (see p. 
 290), who had long been the acknowledged leader of the older Moderates. 
 Indeed, there was a suddenness in the change of policy at that period which 
 has never been satisfactorily accounted for. The Assembly of 1751 rejected 
 Robertson's proposal to suspend Mr. Adams of Falkirk, and other members 
 of the Linlithgow Presbytery, for their recusancy in the Torphichen settle- 
 ment, by a majority of 200 to 11. The Assembly of 1752, though there 
 were three (the usual quorum) of the Dunfermline Presbytery willing to 
 settle Rlr. Richardson at Inverkeithing, yet raised the quorum to Jive ; and 
 of the absentees from the induction they brevi manu deposed one, and sus- 
 pended the rest. Mr. Dugald Stewart ascribes this abrupt transition from 
 leniency to severity to the eloquence of Robertson ; but allowing all due 
 weight to that and oflier circun)-tanccs, they are not to my mind sufficient 
 % to account for the very great majority by which the new measures were sup- 
 I ported. But let the reader mark the fact, that the Augmentation-Scheme 
 
 ' was defeated in Parliament immediately after the Assembly 1751, and let him 
 
 / peni'^e the paper that was then circulated, and which we have given in the 
 
 looi-Dotc t" p. 1!.H), and lie may pos-ibly ihcrc iiud iunie explanation of the 
 
 \in\-,tei V. 
 
PREFACE. 
 
 the door for their return to the Church, the efforts of the 
 popular party were paralysed* ; and the conflict of anta- 
 gonist principles being continued, the ultimate result was 
 the famous decision in the Inverkeithing case in 1752, 
 which laid the foundation of " the Relief,'* and with which 
 the present volume closes. 
 
 It will thus be seen that the period which is here em- 
 braced forms a distinct and complete era in the Church's 
 history, the commencement of which dates precisely a 
 century agof. The Compiler expected to be able to com- 
 prise in the volume a few years more, but so much addi- 
 tional matter came to hand while it was passing through 
 the press, that the plan announced in the Prospectus of the 
 M ork had to be somewhat modified. He trusts, however, 
 that the size and contents of the Appendix will be held 
 to be a sufficient compensation, the more especially as none 
 of the documents given there are to be found m the 
 " Printed Acts," nor indeed are any of the longer papers 
 which have been engrossed in the body of the work, such 
 as the " Manifestos of the Moderate and Popular Parties,'' 
 ''the Warning against the Rebellion^' ''the Plan of the 
 Widows' Fund, ^c." 
 
 The Minister for Scottish affairs, during the greater 
 part of the period, was Archibald, Earl of Islay (who, m 
 1743, succeeded his brother John, as Duke of Argyle), and 
 under him, Andrew Fletcher, Lord Milton, a nephew of 
 Fletcher of Saltoun, and for many years Lord Justice 
 
 * In proof of this, the reader may consult " jr/Z/Zsow's Fair and Impjrtial 
 Testimony unto the Laudable Principles, Wrestlings and Attamments ot 
 the Church of Scotland," which appeared in 1744, and throws much light 
 on the state of parties. „ nr • 
 
 f It was coeval with the first publication of the Scots Magazine b. 
 
 periodical which devoted much attention to church affairs, and is indeed the 
 onlv one which presents a continuous detail of the Assembly s proceedings. 
 The Edinburgh newspapers, on the other hand, in consequence ot their 
 
 limited size, had often to make church news give way to po itical. 1 tms, 
 in the Courant of 1745 (while as yet there was no Rebellion), the only 
 notice of the As-^embly is in the following paragraph :-" Scots atfans con- 
 tain 710 material matters. The business of the General Assembly Has been 
 conducted with peace, unanimity, and quiet, but is scarce worth the atten- 
 tion of the public, considering the important news from every quarter. — 
 During the previous week intelligence had been received of the hattie ot w 
 
 Fontenov. — The Caledonian Mercury Wd< conducted by the two Kiidoimaus, \ 
 
 who occasionally gave vent to their Jucobitism in caustic sallies on the pro, 
 ccediiigs of " the Kirk," of which some amusing spoeimcns will be seen lu 
 our ""^Sutca on DiqnUal fid/lc.ucnts" iu the Appendix. 
 
VI. TREFACE. 
 
 Clerk. The clergyman whom they chiefly consulted in ec- 
 clesiastical affairs was Dr. Patrick Cuming, and to that cir- 
 cumstance he mainly owed his influence in the Assembly. 
 After the fall of Walpole's ministry in 1742, the office of 
 Secretary for Scotland was revived in the person of the 
 Marquis of Tweeddale, v/ho held it till 1746, when it was 
 again abolished. His counsellor in Church matters was 
 understood to be Dr. Robert Wallace, of whom, and the 
 other Moderators during the period (as well as of the 
 Lords Commissioners and Ofiice-Bearers), some notices 
 will be found in the Appendix. 
 
 The Debates of the Assembly will here be found report- 
 ed, in so far as they have come down to us ; but it must be 
 borne in mind, that in those days they were neither so fre- 
 quent nor so full as in after times. Until Robertson ap- 
 peared on the scene, " hardly any rose up to speak till 
 called upon by the Moderator, unless men advanced in 
 years, of high rank, or of established characters. His 
 example and influence encouraged young men of abilities 
 to take their share of public business ; and thus deprived 
 Moderators of an engine for preventing causes being fairly 
 and impartially discussed."* 
 
 It is the Compiler's wish to follow up this volume with 
 others, so as to complete the Church's Annals from 1688 
 to the present day ; but the fulfilment of this design must 
 necessarily depend (among other contingencies) upon the 
 degree of countenance afforded to the work by the minis- 
 ters and members of the Church, to whom he now begs 
 respectfully to commend it. 
 
 * Erskine's Funeral Sermon for Principal Robertson, in his Discourses, 
 vol. i. p, 261 — In private causes counsel were heard as at present. The 
 Assembly practice was very much divided between Messrs. Joseph William- 
 son and Archibald Murray, for it is only occasionally that we meet with the 
 names of the famous Lockhart oi Covington, Home of Kames, Burnett oi 
 Monboddo, Grahame of Easdale, Charles Hamilton Gordon, Patrick Hal- 
 dane, and others. The Record of the Commission fot- M.iy 1742 bears, that 
 "the Commission, considering that no less than four lawyers had compeared 
 on one side of a case, who were all severally heard, which consumed much 
 time to little purpose., remitted to their members from the Presbytery, 
 City and University of Edinburgh, to prep.ire an overture for regulating the 
 number of luvyeis to be heard on one side in any cause." The case referred to 
 was that of Buchanan of Drymen (see p. 3S5). The overture proposed was 
 allowed to drop ; but in a question which came before the Assembly 1752 
 (si-e p. 285), it was resolved to hear only two speakers on each side. In 
 J751, I\Ir. Joseph Williamson having appeared as counsel, though a member 
 of Assembly, an Act was parsed (p. 197). [truhibiting that in all time coming. 
 
CONTENTS. 
 
 March Commission 1739, 
 
 Assembly 1739, 
 
 November Commission, . 
 
 Assembly 1740, 
 
 November Commission, . 
 
 Assembly 1741, 
 
 Assembly 1 742, . 
 
 November Commission, 
 
 Assembly 1743, . 
 
 November Commission, 
 
 March Commission 1744, 
 
 Assembly 1744, 
 
 Assembly 1745, . 
 
 November Commission, 
 
 March Commission 1746, 
 
 Assembly 1746, 
 
 May Commission, 
 
 August Commission, 
 
 March Commission 1747, 
 
 Assembly 1747, 
 
 May Commission, 
 
 November Commission, 
 
 Assembly 1748, . 
 
 May Commission, 
 
 Assembly 1 749, . 
 
 Assembly 1750, 
 
 November Commission, . 
 
 March Commission 1751, 
 
 Extraordinary Commission-Meeting in April 
 
 Assembly 1751, 
 
 November Commission, . 
 
 March Commission 1752, 
 
 Assembly 1752, . 
 
 May Commission, 
 
 November Commission, . 
 
 4 
 
 14 
 
 15 
 
 22 
 
 22 
 
 26 
 
 36 
 
 38 
 
 45 
 
 45 
 
 46 
 
 66 
 
 74 
 
 82 
 
 83 
 
 94 
 
 94 
 
 95 
 
 95 
 
 103 
 
 106 
 
 107 
 
 115 
 
 115 
 
 158 
 
 185 
 
 186 
 
 188 
 
 190 
 
 219 
 
 227 
 
 261 
 
 291 
 
 292 
 
CONTENTS. 
 
 APPENDIX. 
 
 I. Notices of the Lords High Commissioners, 
 
 II. 
 
 of the Moderators, with Extracts from their concluding 
 
 Addresses, ....... 
 
 III. Notices of the other Office- Bearers : — 
 
 1. Procurator, ...... 
 
 2. Principal Clerk, ..... 
 
 3. Agent and Sub-Clerk, ..... 
 
 4. Collector of the Widows' Fund, 
 
 5. Printer to the Church, ..... 
 
 IV. List of Ministers who preached before the Commissioner, 
 
 V. List of Ministers who preached before the Society for Propagating 
 
 Christian Knowledge, with a Notice of its Proceedings, 
 
 VI. Documents relating to the Collection for the Church at Breslaw :- 
 
 1. Letter of Application (in Latin), .... 
 
 2. Act and Recommendation of the Assembly, 
 
 3. Letter of Thanks (in Latin), 
 
 VII. Notes on Disputed Settlements, 
 
 VIII. Cases of Transportation, .... 
 
 IX. Documents relating to the Augmentation-Scheme : — 
 
 1. Case of the Scots Clergy, . . . 
 
 2. Landed Interest, 
 
 X. The Schoolmasters' Augmentation-Scheme, . 
 
 XI. Cases of Libel, Discipline, &c. : — 
 
 1. Processes against Ministers, 
 
 2. Probationers. 
 
 3. Schoolmasters, .... 
 
 4. Elders, .... 
 
 5. Private Persons, 
 
 XII. Case of Cochran of Culross, 
 
 PAGE 
 
 295 
 
 297 
 
 326 
 329 
 331 
 333 
 3.35 
 335 
 
 337 
 
 340 
 343 
 344 
 344 
 367 
 
 370 
 374 
 376 
 
 383 
 391 
 393 
 394 
 394 
 395 
 
 INDICES. 
 
 I. Index of Persons, ; 
 
 IL Places, 
 
 III. General Index of Matters, 
 
 397 
 400 
 402 
 
ANNALS 
 
 OF THE 
 
 GENERAL ASSEMBLY 
 
 1739. 
 
 MEETING OF THE C0M3IISSI0N IN MARCH. 
 
 The affair of greatest importance discussed at this 
 meeting was the " Case of the Seceders," — in order to 
 the right understanding of which it will be necessary to 
 give a short sketch of the Origin of the Secession — which 
 we shall do in the words of a cotemporary writer : — 
 
 « There being no fixed method for the Church- Judica- 
 tories to proceed upon, in settling ministers in vacant 
 churches, since the Act of Parliament decimo AnncB re- 
 storing patronages, great disturbances happened in differ- 
 entparts of thekingdom upon these occasions. To remedy 
 which, the General Assembly 1732, passed an Act, till 
 it should please God to relieve the Church of the griev- 
 ance of patronages, vesting the town-council, heritors and 
 elders, in royal burghs, and in landward parishes, the heri- 
 tors and elders, with the power of electing and calling 
 ministers or preachers to supply their vacancies* ; the 
 person elected to be proposed to the congregation for their 
 approbation, or, in case they disapproved, that the reasons 
 should be laid before the Presbytery. This Act was, in 
 substance, much the same with the Act of Parliament 
 1690, which was framed by the advice of some of the 
 principal Presbyterian clergy at that time, and with whicli 
 the Church, by an uninterrupted acquiescence, showed 
 
 * It was only " where the right of doing so fell into the hands of Presby- 
 teries, either tanquam jure devoluto, or by the consent of such as had inte- 
 rest ;" viz. patrons, who in those days frequently waved their privilege, and 
 allowed Presbyteries to moderate in a call at large. 
 
2 ANNALS OF THE ASSEMBLY. [1739. 
 
 her satisfaction, till the year 1712 : when the Parliament 
 restored to patrons the power of presenting ministers to 
 vacant churches in Scotland. However, the Act of As- 
 sembly 1732 gave offence to several members of the 
 Church, who maintain the divine right of the people to a 
 suffrage in the choice of their own pastors ; and especially 
 toMr. Ebenezer Erskine, minister at Stirling, who testi- 
 ^ed against it and several other decisions of the Churcli- 
 .Tudicatories, in a sermon at the opening of the Synod of 
 Perth and Stirling, in Oct. 1732. This was the beginning 
 of the divisions that have since followed. For the Synod 
 ordered Mr. Erskine to be rebuked at their bar for reflect- 
 ing against the proceedings of the Church-Judicatories. 
 From which sentence he appealed to the Assembly 1733 ; 
 who having heard parties, ordered Mr. Erskine to be re- 
 buked at their own bar — which was done accordingly. — 
 To this sentence, as importing that he had departed from 
 the word of God and approven standards of the Church, 
 Mr. Erskine wotdd not submit ; but protested, That he 
 should be at liberty still to preach the same truths of God, 
 and to testify against the same or the like defections of the 
 church upon all proper occasions. ]\fessrs. William Wil- 
 son at Perth, Alexander Moncrief at Abernethy, and 
 James Fisher at Kinclaven, ministers, adhered to this 
 protest; and then they all withdrew. Whereupon the 
 Assembly passed an Act, ordering the protesters to appear 
 before the Commission in August, and show their sor- 
 row for their conduct ; and, in case they should refuse to 
 retract their protest, the Commission was appointed to 
 suspend them from the exercise of their pastoral office. 
 The protesters appeared in August, but still adhered to 
 their former protest ; whereupon the Commission sus- 
 pended them. In November they again appeared before 
 the Commission ; who, finding they disregarded the sen- 
 tence of suspension, and continued in their former courses, 
 declared them no longer ministers of this churchy and their 
 churches to be vacant from tlie date of the sentence. 
 This sentence being intimated to them, they read a paper, 
 wlierein they made a secession from the churchy and pro- 
 tested. That, notwithstanding this sentence, their pastoral 
 relation to their respective parishes should still be firm 
 and valid, and that it should be lawful and warrantable 
 for them to exercise the keys of doctrine, discipline and 
 
1739.] CASE OF THE SECEDERS. 3 
 
 government, according to the word of God, the Confes- 
 sion of Faith, and the principles and constitution of the 
 Covenanted Church of Scotland. 
 
 " The Assembly 1734 seemed to disapprove of the 
 measures taken in some former Assemblies and their Com- 
 missions ; — for they repealed the Act 1732, passed an Act 
 in favour of ministerial freedom, dispatched Commission- 
 ers to address tlie King- and Parliament for a repeal of 
 the Patronage Act, turned a young clergyman* out of his 
 church, who had been ordained by the preceding Commis- 
 sion, contrary to the inclinations of the body of the christian 
 people ; and empowered the Synod of Perth and Stir- 
 ling, under certain limitations, to restore the Seceders to 
 their ministerial charges. Some time thereafter, that 
 Synod accordingly took oft the sentences pronounced by 
 the Commission in 173;i against them. But they refused 
 to come in to the church, which they said had unjustly 
 thrust them out ; associated themselves into a Presbytery, 
 assuming a power paramount to that of the chmrh over 
 all Scotland ; and published a pamphlet; intitled, Ac(, 
 Declaration and Testimony^ for the doctrine^ icorship, S^^c. 
 of the Church of Scotland^ in which they rev^iew the con- 
 duct of the church for a long series of years past, con- 
 demn her decisions, and represent her as corrupted. 
 Their party is since strengthened by the accession of 
 Messrs. Ralph Erskine at Dunfermline, Thomas JNlair at 
 Orwell, Thomas Nairn at Abbotshall, and James Thom- 
 son at Burntisland." 
 
 The General Assembly of 1738 found themselves ob- 
 liged to take particular notice of their condnct ; and, after 
 appointing the use of gentle means to reclaim them, em- 
 powered their Commission (if that method should prove 
 ineffectual) to take all proper steps to sist them at the bar 
 of the next Assembly. In consequence of this, several 
 ministers invited them to a conference, which they con- 
 stantly refused, unless they would agree to argue the de- 
 bated points, not as commissioned by the General Assem- 
 bly, but in the quality of fellow-christians. The Commis- 
 sion in November finding there were no grounds to ima- 
 gine they inclined to alter their conduct, named a com- 
 
 * Mr. Matthew Moncrief at Auchtermuchty ; — but the consequence was 
 a process in the C!ourt nf Session, to which some reference will be found in 
 the case of Culross (1749) and of Lanark (1750). 
 
 A 2 
 
4 ANNALS OF THE ASSEMBLY. [1739. 
 
 mittee to prepare a libel to be put into their hands, which 
 was now presented to that reverend body (March 
 1739.) Several warm debates ensued, whether, in the 
 present situation of affairs, it was expedient to proceed 
 further ? It carried by a narrow majority, to put the 
 libel in the Seceders' hands, and to grant warrant for sist- 
 ing them at the bar of tlie next Assembly, together with 
 witnesses to prove the charge. 
 
 This libel enumerates the several charges which are al- 
 ledged against these reverend gentlemen ; and particu- 
 larly narrates their secession from the church without any 
 justifiable ground, and persisting therein, contrary to their 
 solemn vows at their ordination ; assuming a power of 
 erecting themselves into a Presbytery, and pretending to 
 judicial acts over the whole church ; publishing to the 
 world their Act, Declaration, and Testimony, wherein 
 they condemn the church, and throw out many ground- 
 less calumnies against her ; dispensing ordinances to per- 
 sons without the consent of the ministers of the congre- 
 gations to which they belong ; ordaining of elders, and 
 keeping fasts in different parts of the country ; licensing 
 Mr. John Hunter to preach the gospel, and directing him 
 to a particular parish (viz. Larbert) wherein to exercise 
 liis ministry* ; taking oflf a sentence of excommunication, 
 passed by the Presbytery of Dumblane ; absolving scan- 
 dalous persons ; excommunicating one David Lesly, Bax- 
 ter in Pleasants ; baptizing children without proper cer- 
 tificates; obstinately refusing conferences with the minis- 
 ters of their respective Presbyteries ; and Mr. Ebenezer 
 Erskine's protesting against five elders, members of the 
 session of Stirling, summoning them to appear at the tri- 
 bunal of Christ, on the day determined in God's secret 
 decree, to answer for their conduct." 
 
 ASSEMBLY, 1739. 
 
 On Thursday the 10th of May the General Assembly 
 met. The Right Hon. the Earl of Hyndford represented 
 
 * He was ordained by IMr. Ralph Erskine, who preached a sermon on 
 the occasion that was alterwards published with the title of " Gospel Com- 
 pulsion." Mr. Hunter died ia January 1740. 
 
1739.] CASE OF THE SECEDERS. 5 
 
 his Majesty, and was all along attended by the nobility 
 and other persons of distinction in tlie place. After 
 sermon by Mr. James Ramsay, minister of Kelso, Mode- 
 rator of the last Assembly, Mr. James Bannatyne, one of 
 the ministers of Edinburgh, was elected Moderator. 
 
 Omitting the usual routine business we proceed to the 
 case of the Seceders, which came on upon Saturday, the 
 12th May. 
 
 A motion being made by Mr. Ramsay, the late Mode- 
 rator, to read the minutes of the last Commission, and to 
 take tlie libel against the Seceders into consideration, a 
 great many imagined it highly inexpedient at this junc- 
 ture to insist on the charge ; while others were as for- 
 ward in persuading the Assembly, that they were now re- 
 duced to a necessity of exerting their authority, and of 
 doing what was proper to preserve them from an universal 
 contempt, which, they said, would be the consequence. 
 
 That the reader may have a summary view of this 
 affair, we shall give a short abstract of the reasonings on 
 both sides, in a committee of the whole house, which met 
 twice in reference to it. 
 
 Those who thought forbearance necessary, opened the 
 debate with observations on the frequent mischiefs 
 which violent measures had occasioned. " Inflexibility 
 of temper is a character which becomes no court. The 
 Seceders in some measure may be said to be useful ; they 
 edify many pious christians ; express a sincere regard for 
 Presbyterian Church-government ; and are men of a good 
 and moral conduct. It is true they are unhappy in dif- 
 fering from the judicatures established by law, yet charity 
 will teach us to impute that to an erroneous conscience, 
 which can never be a ground of severe censure against 
 men in other respects good and useful members of society. 
 Severity can produce no good consequences ; persecution 
 never yet diminished a sect ; it increases the flame, and 
 gives the party an opportunity to triumph. Besides, is 
 it not plain the schism is decreasing ? The Seceders pur- 
 sue such methods as must soon reduce them to universal 
 contempt. Can the Church have aught to fear ? Is she 
 to be shaken or overturned by a set of men who have 
 neither power nor interest to do her any considerable pre- 
 jodice? Every society should propose some good end in 
 their public actions, but if any imagined that could be ob- 
 
 A 3 
 
6 ANNALS OF THE ASSEMBLY. [1739. 
 
 tained by severity, it was a fatal mistake ; it would only 
 inflame the minds of the multitude, and tempt them to fly 
 out into yet greater extravagancies. The Assembly 
 ought to imitate the lenity of the State, which, far from 
 punishing its avowed calumniators, daily permitted the 
 most scandalous pamphlets and libels to go without no- 
 tice.* It is hard to tell what turn the aff"airs of the nation 
 may take ; and, should it happen that we come to be in- 
 volved in a foreign war, is it a time to create enemies at 
 home ? This would be an unkind return to a good and 
 mild government, which always favoured us so much, <S:c." 
 On the other side it was said : " It cannot be doubted 
 that when both divine and human laws vest a power in 
 any society, it is obliged to exert it when the strongest 
 necessity requires; which is undeniably the present case, 
 for the matter now rests upon the principle of self-de- 
 fence. The Church is mangled and rent by a perfidious 
 set who had sworn to defend her. Why then do men 
 call justice, severity ? or so necessary a step, a hardship ? 
 If men allow such an association of ideas, reason, justice, 
 and all order, will soon evanish. Let not therefore jus- 
 tice be branded with the vile name of persecution ; or the 
 acting agreeably to received laws and all the known forms 
 of discipline, be thought a hardship. What has been 
 gained by a seven years' forbearance ? Have not these 
 unhappy men been encouraged to continue the schism ? 
 Have not gentle measures been used ? and with what suc- 
 cess we all can tell. Slackness in punishing off^enders like 
 them had eff^ected the ruin of the Church in the days of 
 Cromwell, when inconsiderable sects, through a neglect at 
 first, became powerful enough to overturn the whole 
 establishment. But the practice of the Church shews 
 her mind. In the case of Macmillan, Hepburn and Tai- 
 lor, Avho were full as popular as the present Seceders, an 
 Assembly, without fear of the numbers which followed 
 them, proceeded to a sentence, which had such happy 
 effects, that at this day we scarce see the remains of that 
 schism. One of them bitterly lamented his conduct, and 
 died full of a sincere repentance for being the instrument 
 of division. Why should the Seceders' characters be thus 
 magnified ? Wherein did their goodness and morality 
 
 * The ministry of Sir Robert Walpole was at this period assailed by a 
 host of pamphleteers, who had no small share in hastening its downfall. 
 
1739.] CASE OF THE SECEDERS. 7 
 
 consist ? If, to delude a mob, to inspire them with pride, 
 envy, hatred, and all the sour and ill-natured passions, 
 was moral or good, then they had a pretence to it. Nor 
 could men who affected powers inconsistent with the very 
 being' of Presbytery, be well said to have a sincere regard 
 to Presbyterian principles." 
 
 After these debates, a narrow majority* carried the 
 question of sisting the Seceders at the bar, and pro- 
 ceeding upon the libel : on whicli they were called, and 
 the whole of them appeared. 
 
 Tlie Moderator, in the Assembly's name, exhorted them 
 to consider their disorderly courses, and to submit to 
 that Church to which they had vowed obedience. He 
 told them, That though they were come there to answer 
 a libel, the Assembly was now ready, upon their submis- 
 sion, to receive them with open arms ; and besought them 
 to be no longer deaf to the calls of reason and scripture. 
 But Mr. Mair, Moderator of the Associate Presbytery, 
 presented a paper, which, after hearing the libel, he read 
 before the Assembly, intitled, "Act of the Associate 
 Presbytery, finding and declaring. That the present judi- 
 catures of this National Church are not lawful nor right 
 constitute courts of Christ ; and declining all authority, 
 power and jurisdiction that the said judicatures may claim 
 to themselves over the said Presbytery, or any of the 
 members thereof, or over any that are under their inspec- 
 tion ; and particularly declining the authority of a Gene- 
 ral Assembly now met at Edinburgh the 10th day of May 
 1739." 
 
 In the preamble, after enumerating the good uses 
 of provincial and national Synods, as well as classical 
 Presbyteries, when duly constituted, they affirm, Tliat 
 there have been provincial and national Synods, so cor- 
 rupt in their constitution, and so irregular in their pro- 
 cedure, that the keys of government and discipline have 
 been perverted contrary to their original design ; inso- 
 much that error has been countenanced and encouraged, 
 a lax and corrupt ministry have been supported, and such 
 as endeavoured to be faithful have been borne down and 
 censured : — And therefore, in a consistency with the 
 
 * Mr. Willison, of Dundee, and four other ministers, and two elders, 
 dissented with reasons. 
 
8 AXNAL? OF THE ASSEMBLY. [1739. 
 
 principles of the reformed and covenanted Church of 
 Scotland, with their duty to Christ, the souls committed 
 to their charge, and the Lord's heritage through the hind ; 
 and, in a consistency with the engagements they came 
 severally under when ordained to the ministry, they tes- 
 tify and declare. That the present judicatures of this 
 National Church are not lawful nor right constitute courts 
 of Christ ; and consequently, that they cannot warrant- 
 ably claim to themselves any power or authority over the 
 members of this Presbytery or their adherents. 
 
 The Act is divided into three heads. The Jirsf asserts, 
 That such ministers as are imposed by mere church-autho- 
 rity, by presentations, or otherwise, upon dissenting and 
 reclaiming congregations, have no warrant from Christ, 
 and consequently, have no right to sit in his courts ; and 
 that the christian peoj)le may justly decline their juris- 
 diction : — That these courts are constitute of many such 
 members as not only impose ministers upon dissenting 
 congregations, hut even where the Presbytery of the 
 bounds have likewise dissented ; — of such as are not only 
 silent in the public cause of God, but dissemblers of pub- 
 lic sins ; — of such as scatter and drive away the flock of 
 Christ, ruling them with force and cruelty, and who de- 
 part from the traditions of the Apostles; yet are not 
 ashamed, but justify these practices; — of such as have 
 been active in making the Act of Assembly 1732 anent 
 the election of ministers to vacant congregations, the Acts 
 of Assembly 1733 against the protesting ministers, and the 
 ministers of the Presbytery of Dunfermline* ; — and of such 
 as not only refuse to purge out, but continue to support 
 intruders. 
 
 Jn the second head they assert, That the present judi- 
 catures of this National Church are tolerating the erro- 
 neous, and supporting and cou:itenancing error; as ap- 
 pears by their conduct in the cases of Messrs. Simson, 
 Camphell, and Wishart. 
 
 In the third head they assert, That the present judica- 
 tures of this Church have subordinated themselves unto 
 
 * This related to the " sharp rebuke" administered at the bar of the 
 Assembly, to Messrs. Ralph Erskine, and IMair, (two of the Seceders). and 
 other ministers of the Dunfermline I*resl)ytcry, for their conduct in the set- 
 tlement of Mr. Stark at Kinross. In so tar as the Secession was a matter 
 oi feeling, nothing so much contributed to it a^i that Act. 
 
1739.] CASE OF THE SECEDERS. 9 
 
 the civil powers in their ecclesiastical meetings, functions, 
 and administrations ;— that the crown-rights of the Re- 
 deemer have never been asserted, in opposition to the sm- 
 ful encroachments made upon his spiritual kingdom by 
 parliamentary acts, unlawful oaths, bonds and tests, dur- 
 ing the late times of tyranny and persecution;— that, as 
 a just punishment of this their sin, the act anent Captam 
 Porteous, appointed to be read from the pulpits the first 
 Sunday of every month for a year, is become a sad snare 
 to ministers and judicatures ;— and though all the judica- 
 tures of this church, supreme and subordinate, have met 
 since the passing and reading of the said act, yet the 
 readers of it are not censured. 
 
 Upon the whole, they protested, That whatever sen- 
 tence should be passed by the Assembly, their pastora 
 relation should still subsist ; and that whoever should 
 exercise any part of the ministerial function in their con- 
 ffreffations, should be held as intruders, &c. And be- 
 seeching, in the bowels of Christ, their reverend, worthy 
 and dear brethren and elders, who regard our covenanted 
 testimony for the Church of Scotland, to come out from 
 the present judicatures, and from all ministerial communion 
 with her, as they would not be partakers of their sms ;— 
 to make use of* the keys of government and discipline, 
 and put to their hand to lift up the standard of a judicial 
 testimony for the borne-down truths of God, for our re- 
 formation-principles, and purging the house of God, after 
 the example of our worthy progenitors. 
 
 After long reasoning, the Assembly divided on this 
 question, Proceed to a final sentence, or not ? and it car- 
 ried Not by a very few voices. This made the house 
 agree to an overture, which they passed into an Act ; by 
 which they find the libel proven against them, and " Imd 
 and declare, That the said defenders, for the oftences so 
 found relevant and proven, do justly merit the highest 
 censures of this Church, and particularly that of deposition ; 
 but forbear the same yet another year, in order to give 
 them a further time to return to their duty, and to ren- 
 der them still more inexcusable if they should persist in 
 their unwarrantable separation ; and this Assembly do 
 earnesth/ recommend it to the next General Assembly to 
 inflict the censure of deposition, without further delay, upon 
 such of the said defenders as shall not, betwixt and that 
 
 I 
 
10 ANNALS OF THE ASSEMBLY. [1739. 
 
 time, either in presence of the Commission, or of the en- 
 suing General Assembly, retract the said pretended act 
 and dech nature, and return to their duty and submission 
 to this Church ; and the General Assembly resolve, that 
 their Commission do cite Mr. James Thomson minister at 
 Burntisland de novo, to answer to the next Assembly for 
 the matters contained in the said libel given in by him 
 and the other defenders ; and ordain Presbyteries and 
 Synods, if they cannot quickly reclaim such ministers as 
 may hereafter secede, to proceed against them, by way of 
 libel, to the sentence of deposition ; and to apply to the 
 Commission for advice, as they shall see cause."* 
 
 Upon a representation of the Synod of Angus and 
 Mearas, of the tenor of some former applications of other 
 Synods, the Assembly took off a sentence of deposition 
 passed by the Commission, 12th March 1730, against Mr. 
 John Glass, then minister at Tealing, for Independent 
 principles, and restored him to the character of a minister 
 of the gospel of Christ ; but declaring, notwithstanding, 
 that he is not to be esteemed a minister of the Established 
 Church of Scotland, or capable to be called and settled 
 therein, until he shall renounce the principles embraced 
 by him, that are inconsistent with the constitution of this 
 Church. 
 
 In the case of a petition of Sir James Sinclair of Dun- 
 beath, patron, and of other heritors and elders of tlie 
 parish of Boiver, callers of Mr. John Corse, probationer, 
 to be their minister, tabling an appeal by them, from the 
 resolution and proceedings of the Presbytery of Caith- 
 ness, to take one Mr. Alexander Oliphant, probationer, 
 upon trials, in order to his settlement in said parish, upon 
 a call by some other heritors and parishioners thereof, — 
 the sentence of tlie Presbytery is affirmed. 
 
 Petitions of the parish of Dalgety, and Presbytery of 
 Dunfermline, read, referring to a sentence passed by the 
 Commission of the late General Assembly, transporting 
 Mr. James Bathgate, minister, from the said parish, to be 
 one of the ministers of Stirling, with which sentence he 
 
 * The Assembly also appointed a Coraraittee to draw up a statement of 
 the whole case for publicatjoa. 
 
1739.] SETTLEMENTS OF KINGSBARNS & KILMACRS. 11 
 
 has not complied, but has chosen rather to give „p the 
 office of the ministry, and has accordingly made ofter to 
 the said Presbytery of a demission of h.s pastoral office, 
 as well as his license to preach the gospel, and cravmg the 
 Assembly may treat him with such tenderness as may pre- 
 fer e his usefulness in the ministry; and this aifair re- 
 mitted to a committee named to confer with parties. 
 
 Petition of the parish of Kingsburns, callers of Mr. 
 Jofeph Pitcairn, probationer, to be their rthnister, craving 
 redress against a sentence of the late Commission, appom- 
 Lg the Presbytery of St. Andrews to proceed to the trials 
 aTd settlement of \Ir. William Vilant, probationer, to be 
 minister of the said parish. The Assembly found that 
 r Commission did nit exceed the r powers in hat affair, 
 and therefore dismissed the complaint ; and as to the dif- 
 ference the Presbytery had, with respect to the execution 
 of the sentence, brought by a complaint of the majority 
 aUn!t the minority, to the Synod of Fife, and by them 
 rrfen^d to the Assembly, agreed that the settlement ot 
 Mr William Vilant stand good, and the complaint be dis- 
 missed as to it,-reserving to the Assembly to consider 
 how far they will make a new express regulation in time 
 
 *" Ovfrture " Discharging all Presbyteries to consent to, 
 or connive at, the amiexation or suppression of parishes, 
 without the consent or approbation of the Synod of the 
 bound" or the General Assembly," transmitted to Pres- 
 bv?eries for their opinion to the next Assembly, and mean- 
 time the same appointed to be observed. 
 
 Tn the complaint of the Presbytery of Irvine against 
 the late Commission's sentence about the settlemen ot the 
 parisl of Kilmaurs, and against a minor part of the said 
 Presbytery for executing that sentence ,n opposition to 
 ^e mind 'of the majority, the Assembly found tha in 
 passina; sentence, affirmmg a judgment ot the Synod ot 
 ^TasgSw and Ayr, concurring with a call of said pa i.h o 
 Mr \Villiam Coates, the Commission did not exceed then 
 powers, and therefore the sentence cannot be reversed ; 
 bu the Assembly did not agree to approve of their con- 
 duct in appointing the Presbytery, or »cA «*»/'<"'« *" 
 Tmng, to execute that sentence.-The petition of the 
 Pi"slmery against the sentence of the Comm.sio^ w 
 bo found in the Appendix to the Report of the Chuich 
 
12 ANNALS OF THE ASSEMBLY. [1739. 
 
 Patronage Committee of the House of Commons (1834) 
 p. 20.* It states and argues the case thus: — 
 
 " To us it appears manifest, that the appointing of Mr. 
 Coates to be ordained minister of Kihnaurs, is directly in 
 opposition to the will of that congregation ; for if by con- 
 gregation be meant heads of families, then there are only 
 twenty-two for him ; and against him, and for another 
 worthy probationer within our bounds, one hundred and 
 seventy-three ; whence it is to be gathered, that a great 
 majority of communicants and examinable persons are 
 against him. Or, if by congregation be meant heritors 
 and elders, then there are of heritors (whereof one is an 
 elder) for Mr. Coates thirty-seven, and of these, twelve 
 only, of lesser note, reside in the parish. And there are 
 against him, of heritors sixty-five, of which the most part 
 are resident, and all the elders, save the one aforesaid, and 
 all for the said other probationer ; so that if by congrega- 
 tion be meant heritors and elders representing the con- 
 gregation, then the settling of Mr. Coates is evidently 
 contrary to the majority of these. 
 
 " Here then we would desire to know to what purpose 
 it is to moderate in a call to any presentee, to ask the 
 votes of the several heritors and elders, with the consent 
 of heads of families, if we are to proceed to the settlement 
 even when the majority of heritors and elders, and almost 
 the whole heads of families are against him. We cannot 
 but think this method of settling ministers a solemn farce, 
 and a mocking of heritors and elders and heads of fami- 
 lies, by first allowing them a voice and consent, and then 
 determining contrary thereto. This justly provokes them 
 to ridicule and censure the conduct of ministers and church 
 judicatories, as not quite fair, open or honest ; nay, as 
 being inconsistent with itself; for by moderating in a call, 
 we allow heritors and elders a vote, and heads of families 
 a consent ; and yet, by concurring with the minority of 
 all denominations, as it is in this case, we upon the matter 
 say, they have no votes, or which is the same thing, re- 
 ject and disregard their votes and consent. If it be al- 
 ledged that the moderating in a call is to get a tolerable 
 concurrence of the heritors, elders and heads of families, 
 with the presentee, and that herritors' votes are to be 
 
 * There was another violent settlement at Kihnaurs in 1787 — 8. 
 
1739.] SETTLEMENT OF KILMAURS. 13 
 
 rated according- to the lands they possess in the parish ; 
 to this it may he answered, that we know no law, either 
 in Church or State, rating the votes of heritors in church 
 affairs ; and that it would be more honest and open to tell 
 the heritors, elders and heads of families, that we will go 
 on to settle the presentee if they have no objections against 
 his life or doctrine, which they can judicially verify, than 
 to ask their votes and consent, and yet pay no regard to 
 them. We know no act of this Church that has deter- 
 mined how many heritors and elders make a tolerable 
 concurrence, except a majority ; and indeed if we were to 
 lay the votes of heritors in the balance of the sanctuary, 
 and so to judge of them not by their number but by their 
 weight, we own residing heritors ought especially to be 
 regarded, seeing their edification is much concerned in the 
 matter, whereas the edification of non-residing heritors 
 can be little or nothing concerned therein." 
 
 After praying the Assembly to appoint the moderation 
 of a call at large, it concludes with the following represen- 
 tation : — 
 
 " And as what we reckon a very pungent motive to 
 this, we beg to lay before the venerable Assembly in con- 
 clusion a short hint of the sad consequences of this un- 
 happy affair, the most fatal, not only to that people but to 
 this country-side, and the interests of the gospel therein, 
 of any thing that has befallen us for many years past. 
 Our people have hitherto been so happy as to know little 
 or nothing of violent settlements ; but the settlement of 
 Kilmaurs, agitated so long betwixt the people and tlie 
 Presbytery, through the patron's refusing to drop it, and 
 the people's invincible aversion to it, and the tossing of it 
 so much and so long before church judicatories, has made 
 a very great noise, has fired many of the people of the 
 parishes around, many of whom have espoused the quar- 
 rel, looking on it as a common cause, which they know 
 not how soon it may become their own. It has not only 
 driven the bulk of the parish of Kilmaurs in a kind of 
 desperation to think of, and to threaten a total separation 
 from this Church, and to invite and join with the seceding 
 preachers of late frequently visiting the bounds ; but they 
 are joined therein by multitudes in many parishes, several 
 of whom have actually seceded from their own ministers, 
 though before this emergency they were peaceable and 
 
14 ANNALS OF THE ASSEMBLY. [1739* 
 
 orderly, showing no inclination to such divisive courses. 
 So as schism now spreads and grows with us apace, and 
 is like to overrun not a little of this country, — where it 
 may end we cannot tell. Therefore, in the melancholy 
 view of these dismal and native effects, felt, feared and 
 increasing, we pray God may guide the Assembly in this 
 weighty affair, of so great importance to the weal of the 
 church, in our once peaceable but now inflamed bounds, 
 and may direct them to some happy expedients for quench- 
 ing this flame, and the spreading plague of schism in this 
 National Church." 
 
 Report that some authentic registers of the Commission 
 of the General Assembly, from the year 1646 to 1653, in 
 the hands of a private gentleman, are purchased at the 
 public charge, and lodged in the clerk's hands ; that other 
 records and manuscript volumes, found in the hands of 
 the executors of the deceased Mr. Woodrow, minister at 
 Eastwood, are lately put in the hands of the agents for 
 the Church, to be inspected by a committee named by the 
 late Assembly for that effect, and a committee named by 
 this Assembly empowered to inspect and purchase such of 
 them as they find necessary. 
 
 3Iay 22. The Assembly was concluded with prayer, 
 and singing Ps. cxxii. 6. to the end, and pronouncing the 
 blessing. 
 
 COMxMISSION MEETING, NOVEMBER 1739. 
 
 The Commission of the General Assembly met in the 
 beginning of this month, and ordered the eight seceding 
 ministers to be cited to appear at the bar of the next As- 
 sembly ; and agreed on an Act for a National Fast, to im- 
 plore the blessing of God for success to his Majesty's 
 arms, &c., war having been declared against Spain on the 
 19th October. At the same time, they humbly addressed 
 his Majesty to name the day on which it should be ob- 
 served, and further to interpose his royal authority to 
 that effect. [In consequence of this address, the King 
 was pleased, by a proclamation, to order its observance 
 on the 9th day of January, 1740, through Scotland, Eng- 
 land and Wales.] 
 
1740.] CASE OF THE SECEDERS. IS 
 
 1740. 
 
 May 8. This day the General Assembly met, when the 
 Rev. Mr. George Logan, minister of the College Church, 
 Edinburgh, was chosen Moderator. The Earl of Hynd- 
 ford was Commissioner. 
 
 On Saturday the 10th, they entered upon the case ot 
 the Seceding ministers.^The preceding Assembly, though 
 they found the libel against these brethren not only rele- 
 vant to infer deposition, but also proven in its most ma- 
 terial articles, by the Aci and Declinature read and given 
 in by them to that Assembly, forbore at that time to pro- 
 ceed to a final sentence ; but earnestly recommended to 
 the then ensuing Assembly to inflict the censure of depo- 
 sition, without further delay, upon such of them as should 
 not retract the said declinature, and ordered the Commis- 
 sion to cite them to appear and abide judgment accord- 
 ingly : and to remove all colour of informality, Mr. Thom- 
 son, though included in the libel and determination above- 
 mentioned, was ordained to be cited by the Commission, 
 de novo, to answer for the matters contained in the libel 
 and declinature, in regard his secession was posterior to 
 the Act of the Assembly, 1738, which appointed the libel 
 to be drawn up, and upon that account the competency of 
 the process as to him rendered somewhat doubtful. — 
 Agreeably to the above recommendation, the warrants 
 and executions of citation were read, and the eight bre- 
 thren thrice publicly called at the doors of the Assembly- 
 house and New Church.— On the 12th they were again 
 called ; but none of them appeared at either diet. 
 
 Then the Assembly took under consideration the libel 
 raised and executed anew against Mr. Thomson : which 
 being read, and other papers relative to it, after reason- 
 ino-, the question was again put with respect to him, in 
 the same terms as was found by the Assembly 1739, " Is 
 the libel against Mr. Thomson relevant to infer deposi- 
 tion, and proven as to its most material articles, viz. That 
 the said Mr. Thomson has seceded and separated from 
 this Church, and that he, with his said other brethren, 
 associate themselves into a Presbytery, and as such have 
 framed and published, and do adhere to the pretended 
 Act, Declaration, and Testimony, libelled, wherein they 
 
 D 2 
 
16 ANNALS OF THE ASSEMBLY. [1740. 
 
 endeavour to assign the grounds of their unreasonable and 
 irregular conduct, and take upon them to condemn this 
 Church, and the judicatures thereof, for their proceedings, 
 and to cast many groundless and calumnious reflections 
 upon her and them ; and that the said Mr. Thomson, with 
 the other defenders, by the paper given in to the last As- 
 sembly? had the unparalleled boldness to appear before 
 the highest judicature of this Church, to which they had 
 vowed obedience, and, instead of answering as panels and 
 defenders at the bar, pretended to appear as a separate, 
 independent, and constituted judicature, and to read or 
 pronounce an Act of theirs, condemning this Church and 
 the judicatures thereof, upon several groundless pretences, 
 and to decline the authority of the same ; and that he the 
 said Mr. Thomson, with the other defenders, did, in pre- 
 sence of the Assembly, by their said paper, take upon 
 them to speak in most injurious, disrespectful and indecent 
 terms concerning the highest civil authority: Find or 
 Notf And it carried Find by a very great majority. 
 
 The affair was resumed on the 15th. The arguments 
 on tliis occasion were in substance much the same with 
 those insisted on before the Assembly, 1739. And the 
 question being put, Depose ov Not? it carried Depose, 140 ; 
 Not, 30 ; and some 7ion liquet. Whereupon the Assembly 
 passed an act or sentence, dated at Edinburgh, Thursday 
 the fifteenth day of May, 1740 ; which, because of its im- 
 portance, we shall give verbatim, viz. : — 
 
 " The General Assembly, pursuant to their resolution 
 of the 12th instant, resumed the consideration of the pro- 
 cess against the eight Seceding ministers: And having 
 caused them to be again called, and none of them com- 
 pearing, nor any person for them, the Assembly caused to 
 be read the minute of their proceeding in this affair on 
 Monday last, and also the Act of the last Assembly of 
 May 19, 1739, and then proceeded to consider, Whether, 
 upon the libel found relevant to infer deposition, and pro- 
 ven as to its most material articles, by the last General 
 Assembly against the whole ministers therein named, and 
 again found relevant and proven by this Assembly, in so 
 far as concerns Mr. James Thomson, upon the new libel 
 executed against him, in pursuance of the said Act of the 
 last Assembly, this Assembly should proceed to inflict the 
 said censure of deposition ? And after full reasoning 
 
1740.] THE SECEDERS DEPOSED. 17 
 
 upon the expediency thereof, and prayer to God for direc- 
 tion how to judge in this weighty affair, and for his bless- 
 ing on such decision as the Assembly should come to, it 
 was agreed to put the question, Depose oy Not ? And rolls 
 being called, and votes marked, it carried by a very great 
 majority, Depose: And therefore the General Assembly, 
 in respect of the articles found relevant and proven against 
 the persons therein and hereafter named by the last and 
 this Assembly, as aforesaid, 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 Messrs. Ebe- 
 nezer Erskine at Stirling, WilHam Wilson at Perth, 
 Alexander Moncrief at Abernethy, James Fisher at Kin- 
 claven, Ralph Erskine at Dunfermline, Thomas Mair at 
 Orwel, Thomas Nairn at Abbotshall, and James Thom- 
 son at Burntisland, ministers, from the office of the holy 
 ministry, prohibiting and discharging them, and everyone 
 of them, to exercise the same, or any part thereof, within 
 this Church in all time coming : And the Assembly did, 
 and hereby do declare all the parishes or charges of the 
 persons above named vacant from and after the day and 
 date of this sentence : And ordains copies hereof to be 
 sent to the several Presbyteries of Stirling, Perth, Dun- 
 keld, Dunfermline, and Kirkaldy ; and the said respective 
 Presbyteries are hereby ordered to send copies hereof to 
 the Kirk-sessions of Perth and Dunfermline, and session- 
 clerks of the other respective parishes hereby declared 
 vacant, to be communicated to the elders : And the As- 
 sembly appoints, that letters be wrote by their Moderator 
 to the magistrates of the respective burghs concerned, with 
 copies of this sentence : And the Assembly recommends 
 to the Presbyteries, within whose bounds the parishes or 
 charges, now declared vacant, do lie, to be careful in using 
 their best endeavours for supplying the same during the 
 vacancy, and for promoting the speedy and comfortable 
 settlement thereof." 
 
 Messrs. George Gillespie at Strathmiglo, Lawrence 
 Brown at Lentrathen, Andrew Cuming at Largs, Robert 
 Steadman at Beith, William Thomson at Strathmartin, 
 John Thomson at Libberton in Biggar Presbytery, John 
 Allan at Kirkmichael in Lochmaben Presbytery, Robert 
 Boyd at Muiravonside, John Gilchrist at Bedrule, John 
 B 3 
 
18 ANNALS OF THE ASSEMBLY. [1740. 
 
 Johnston at Eckford, David Hunter at Saline, James 
 Ramsay at Bendochy, Simon Riddel at Tinron, Robert 
 Stark at Torrieburn, John Squire at Forres, ministers, 
 and Colonel John Erskine of Carnock, Mr. Alexander 
 Gordon of Ardocb, Sir Thomas Gordon of Earlston, and 
 Mr. Albert Monro of Coul, ruling elders, dissented ; and 
 though a committee, appointed for that purpose, dealt 
 with them to retract, they next day gave in their reasons 
 of dissent subscribed. The Assembly, it is thought, of 
 purpose delayed passing sentence till the afternoon of the 
 13th, \yhich is the term-day, that the deposed ministers 
 might have a legal title to the current half-year's stipend. 
 On the 16th, the Assembly empowered the Commission 
 to decide finally in any process relating to the settlement 
 of the parishes declared vacant by the above sentence. 
 
 As to private causes, the Assembly transported Mr. 
 William Aitken from Larbert to South-Leith ; — ordered 
 the settlement of Mr. Charles Cuningham, the King's pre- 
 sentee, as minister of Trane?it,* ^vhich had been opposed by 
 a party of the parish, who appeared for Mr. John Rogers, 
 their deceased minister's assistant ; — and upon a com- 
 plaint against a sentence of the late Commission (by which 
 a sentence of the Presbytery of St. Andrew's, affirmed 
 by the Synod of Fife, appointing Mr. John Loudon to be 
 minister of Ceres, was reversed, and Mr. Thomas Scot 
 ordained to be settled in that parish), dismissed the com- 
 plaint, and ordered Mr. Scot's settlement to be proceeded 
 in, by a very great majority.-}- 
 
 In a competition between several heritors, elders, <S:c. 
 of the parish of Currie, and the magistrates of Edin- 
 burgh, who claimed a right of patronage, and in conse- 
 quence thereof presented Mr. James Mercer, at Aber- 
 dalgie, to be minister of that parish, the Assembly found 
 that there was sufficient evidence of the town's having 
 been in use to present ; but, in order to bring about a 
 comfortable settlement, named a committee to confer with 
 the parties, who, after a meeting, at which the magistrates 
 attended, but not the other party, brought in an overture ; 
 which, after some amendments, Avas, upon the question 
 put, agreed to, on the 17th of May, in the following terms, 
 
 * Mr. George Gillespie, and five other ministers, and two elders, dis- 
 sented. "" 
 
 t One minister and one elder dissented. 
 
1740.J CASE OF CURRIE. 19 
 
 viz., The General Assembly do declare, That, in respect 
 of the difficulties attending the call to Mr. Mercer to the 
 parish of Currie, they cannot proceed to settle him in that 
 parish while these difficulties remain ; and therefore, in 
 case the magistrates and council of Edinburgh, as patrons, 
 shall offer a leet of six to the Presbytery of Edinburgh, 
 at their first meeting after the Assembly, to be by the 
 said Presbytery tendered to the heritors and elders, in 
 that case the Presbytery are hereby ordained to appoint 
 a day for the moderation of a call by the heritors and 
 elders, to one of the said leet, so as the Presbytery may 
 report to the magistrates and council, betwixt and the 
 first of August next, which of the said leet shall be the 
 choice of the majority of heritors and elders ; and the As- 
 sembly recommend to the magistrates and council of Edin- 
 burgh, to give a presentation to the person that shall be 
 so chosen, declaring, That, in case no such choice shall be 
 reported by the Presbytery, betwixt and the first of August 
 next, to the magistrates and council, and in case the said 
 magistrates and council shall present any person they shall 
 think fit, at any time within six months after the date 
 hereof, the Assembly do hereby appoint and ordain the 
 Presbytery of Edinburgh to proceed and settle the per- 
 son to be presented by the magistrates and council of 
 Edinburgh, in either of the events above-mentioned, ac- 
 cording to the rules of the Church. — Messrs. Geo. Gillespie 
 and AA^m. Thomson, and Mr. Gordon of Ardoch, elder, 
 dissented. Mr. Mercer himself compeared and acquiesced 
 in the sentence.* 
 
 * " To those who are acquainted with the history of tlie time*, this de- 
 cision will appear to have been in a considerable degree influenced by the 
 ^■tate of the country, and by the Secession from the Church, which was then 
 openly avowed. Mr. Mercer was the person who had first moved a censure 
 on Ebenezer Erskine's sermon in the Synod of Perth ; and the consequences 
 of that measure were always connected with his name. He was in the 
 highest degree obnoxious from that circumstance, to every order of the peo- 
 ple ; and the sentence of the Assembly was most gratifying to those who 
 either countenanced or deprecated the Secession ; though it was certainly 
 at variance with many decisions in cases as difficult from their own iKerits 
 both before this time and afterwards. In 1735, Mr. Mercer's translation to 
 the parish of Di on, in the Presbytery of Perth, had been in like manner re- 
 fused by the Assembly." — (Moncreiff's Life of Erskine, p. 450.) — Yet it 
 may be doubted whether such a case as that of Currie had ever before arisen, 
 lor Mr. Mercer's call was only signed bv three heritors and four heids of 
 families. And besides, a body like the' Town Council of Edinburgh were 
 more likely to go into the comprumise suggested by the Assembly, than a single 
 pitron would have been. 
 
 I 
 
^0 ANNALS OF THE ASSEMBLY. [1740. 
 
 A sentence of the Synod of Fife, sustaining an appeal 
 from a judgment of the Presbytery of St. Andrew's, ap- 
 pointing the moderation of a call at large to one to be 
 minister of Carnhee (notwithstanding that a copy of the 
 reasons of said appeal had not been timously lodged in 
 the Moderator of the Presbytery's hands as well as the 
 Clerk's) and disapproving of the Presbytery's appointing 
 said moderation as matters then stood, and ordering a new 
 moderation, after due pains taken to prepare and ripen 
 the congregation for it, with the appeals, read ; and the 
 Assembly found no necessity to determine these appeals. 
 Another sentence of the said Presbytery, granting the 
 desire of a petition of some of that parish for a hearing of 
 some probationers, and giving it as the opinion of the 
 Presbytery, that the presentation by the Earl of Kelly, 
 patron, to Mr. John Nairn, probationer, is accepted of by 
 him in such a manner, as to be no hindrance to a free and 
 unlimited moderation in the said parish, being read, the 
 Assembly, without determining therein, remit to the 
 Presbytery to reconsider the case as to that question, and 
 deal with all parties concerned, in order to bring about a 
 comfortable settlement of said parish, and a committee 
 named to confer with parties in town. 
 
 The General Asseiubly having heard the overture 
 transmitted by the late General Assembly to Presby- 
 teries, concerning their consenting to suppressing of 
 parish churches ; and finding that diverse Presbyteries 
 have given their opinion that the same be passed into an 
 act : The General Assembly discharge all Presbyteries to 
 consent to, or connive at, the annexation or suppressing 
 of parishes, without the consent or approbation of the 
 Synod of the bounds, or the General Assembly. 
 
 Act for the maintainance of Mr. Nicodemus Bienias- 
 aeuski, student in divinity, from Lithuania. 
 
 The Lord Balmerino, patron of South Leith, thanked 
 by the Assembly for the kind part his Lordship acted 
 towards the settlement of that parish. 
 
 The management of the committee named by last As- 
 sembly to enquire after registers and old manuscripts con- 
 cerning the Church ; — the purchase of a copy of Mr. 
 Baillie's letters, in four volumes, at the rate of £10 ster- 
 ling, approved. 
 
 Overture about licensing probationers, and the form of 
 
1740.] MISCELLANEOUS BUSINESS. 21 
 
 a license, transmitted to Presbyteries for their opinion 
 thereon. 
 
 The management and diligence of the procurator and 
 agent for the Church, in the process commenced against 
 Roderick M'Neil of Bara, a papist, for security of the 
 portion of his eldest daughter, a protestaut, is approven ; 
 and recommendation to the Commission and committee 
 for reformation of the Highlands, to interpose with the 
 Sheriffs of Argyle, Inverness, and Ross, for appointing 
 Deputies in remote parishes, in order to suppress immor- 
 ality. 
 
 Appointment for sending letters to Synods to call for 
 accompts from Presbyteries of the state of the public libra- 
 ries, and send a written report thereof to the Commission 
 or General Assembly. 
 
 The registers of tlie Presbytery of Perth's proceedings, 
 from the 22d of April, 1618, to the 21st of September, 
 1681, inclusive, being lately recovered, an order is made 
 for payment of the charges laid out thereon, being £3 3s. 
 
 Report of the visitors of the register of the late com- 
 mittee for managing the royal bounty, with their remarks 
 thereon, with respect to that committee's recommending 
 Mr. David M'Colm* to the Commission for £20 sterling 
 to assist him to publish an Irish Dictionary ; and also the 
 said committee's giving £10 to Mr. William Blair, minis- 
 ter at Kinguissie, for preaching to a barrack at Ruthven, 
 in his own parish. The register of the said committee for 
 the last year attested, with a reservation as to their con- 
 duct with respect to Mr. M'Colm and Mr. Blair. 
 
 Upon report of the committee who had conferred with 
 Mr. Bathgate, and heard him upon the cause of his de- 
 mission of the office of the ministry, the Assembly caused 
 him to be called to the bar, and he compearing, the Mode- 
 rator did signify their dissatisfaction with his said conduct. 
 
 Mai/ 2Qth. The Assembly was concluded with prayer, 
 and singing Ps. cii. 13 — 17, and the blessing. 
 
 ♦ He was minister of Duddingston. His promised Dictionary never ap- 
 peared ; hut be was the author of various Antiquarian Tracts and Letters, 
 in one of which he sought to prove " the affinity of the language of the 
 Araeiicaus of the Terra Firma and those of the Ancient Britons." 
 
22 ANNALS OF THE ASSEMBLY. |'1741. 
 
 NOVEMBER 1740. 
 
 The Commission of the General Assembly met, and 
 agreed upon the necessity of a National Fast, on account of 
 the war, the present dearth, &c., and an application was 
 made to his Majesty to appoint the day. [ It was held on 
 the 4th Feb. 1741.] 
 
 On the 13th, they passed the following Act, viz., " A 
 petition having been presented to the late General As- 
 sembly, by Mr. William Lauder,"^ teacher of humanity in 
 Edinburgh, craving. That Dr. Arthur Johnston's Latin 
 Paraphrase on the Psalms of David, and ]\fr. Robert 
 Boyd of Trochrig's Hecatombe Christiana, may be re- 
 commended to be taught in all grammar schools ; and the 
 Assembly having appointed a committee of their number 
 to take the desire of the foresaid petition into their con- 
 sideration, and report to the Commission : the said com- 
 mittee offered their opinion, " That the Commission should 
 grant the desire of the said petition, and recommend the 
 said Dr. Johnston's Paraphrase to be taught in the lower 
 classes of the schools, and Mr. George Buchanan's Para- 
 phrase on the Psalms, together with Mr. Robert Boyd 
 of Trochrig's Hecatombe Christiana, in the higher classes 
 of schools, and humanity classes in universities. The 
 Commission having heard the said report, unanimously 
 approved thereof, and did, and hereby do, recommend ac- 
 cordingly." 
 
 1741. 
 
 On the 14th of May, the General Assembly met, and 
 after the usual formalities, Mr. James Ramsay, minister at 
 Kelso, was chosen Moderator. Alexander, Earl of Leven, 
 was C(mimissioner. 
 
 On the 23d they appointed a fast to be observed, on 
 account of the present scarcity, the war, &c. leaving it to 
 every Presbytery to fix upon any day in June most con- 
 
 * This is the same Lauder who, eleven years after (in 1751), made the 
 impudent attempt to ruin the reputation of Milton, by accusing him of 
 plagiarism, but was detected in his ftirgeries by Douglas, the author of the 
 " Criterion of Miracles," afterwards Bishop of Salisbury. 
 
1741.] SETTLEMENT OF BOWDEN. 23 
 
 venient for their respective districts. On the 25th, they 
 drew up a congratulatory address to his Majesty on 
 Admiral Veraon's success at Carthagena. 
 
 The report of the committee for overtures, upon that 
 laid hefore them by the committee for revising Conniiis- 
 sions, read ; and the Commission from the burgh of Dysart, 
 to their Commissioner, sustained, though not attested by 
 the Kirk-session nor Presbytery of the bounds, in respect 
 their respective attestations were required under form of 
 instrument, taken in the hands of a notary-public : And 
 the Assembly enact, That for hereafter, when a Kirk- 
 session or Presbytery refuse their attestation to a Com- 
 mission from a burgh or university, without assigning the 
 reason of their refusal, the Commissions shall be sustained, 
 as if duly attested. The excuses of absent members from 
 the Presbyteries of Zetland. North-Isles, Kirkwall, Cair- 
 stoun. Tongue, Gairloch, Long-Island, Abertarph, Mull, 
 Lorn, and those in such remote places, sustained ; but 
 ordered. That members who came up, and failed to attend 
 the diets of this Assembly, an account of their absence be 
 sent to their respective Presbyteries. 
 
 Recommendations to all the ministers of the several 
 parishes within this Church, to give assistance to Mr. 
 William Maitland,* in his intended design of writing a 
 History of Scotland, by drawing up, and sending to him 
 answers to his printed queries, concerning their respective 
 parishes. 
 
 The complaint of the parishioners of Bowden, opposers 
 of the settlement of Mr. James Hume, probationer, to be 
 their minister, against the Commission of the last Assem- 
 bly, ordering his settlement in that parish ; with the coili- 
 plaint of the promoters of his settlement against the 
 Presbytery of Selkirk, for delaying to obey the Commis- 
 sion's said sentence, heard, and the Assembly found, that 
 the Commission had not exceeded their powers, and that 
 therefore their sentence cannot be reversed ; and that 
 the said Presbytery neglected their duty, to gire obedi- 
 
 * An Antiquary of some note, born 1693, died 1757. The work referred 
 to appeared in 1757 in 2 vols, folio, with the title of " The Hi-tory and 
 Antiquities of Scotland." Maitland however only wrote the first part, 
 which ends with the death of James I. in 1437 ; that which brings the 
 history down to the union of the crowns in 1603 was by another hand. 
 Maitland also wrote a History of London (1739) ; but he is best known hj 
 his " History of Edinburgh," which appeared in 1753. 
 
 f 
 
24 ANNALS OF THE ASSEMBLY. [1741. 
 
 ence to the sentence of the Commission, and to send up 
 to this Assembly the reasons of their delay ; and ordered 
 them to settle the said Mr. Hume at Bon-den, if found 
 qualified, betwixt and the first of September next, with 
 certification they will be censured as contumacious. And 
 the said Presbytery is ordered to report to the Synod of 
 Merse and Teviotdale, who, in case the Presbytery fail 
 in finishing the settlement, are appointed to take the pro- 
 per measures for having the said sentence of the Commis- 
 sion duly executed. 
 
 The sentence of the Synod of Aberdeen, disapproving 
 the conduct of the Presbytery of Deer, in rejecting a 
 petition of the heritors, elders and heads of families of the 
 parish of Rathen^ for the moderation of a call to I\Ir. 
 George Largue minister at Kinnairny, to be minister of 
 the said parish, and appointing the said Presbytery to 
 proceed to moderate in a call for settling the said parish 
 of Rathen, affirmed, and the said Presbytery ordered, 
 betwixt and the first of August next, to proceed to the 
 foresaid moderation of a call, admitting Air. Largue upofi 
 the leet, and take other proper steps towards the com- 
 fortable settlement of that parish ; and in case of their 
 neglecting, the Synod is ordered to take proper measures 
 for having this sentence executed. And the Commission 
 is instructed to determine in any process touching the 
 settlement of Rathen. And the Assembly declare their 
 dissatisfaction with the said Presbytery's conduct. 
 
 The sentence of the Synod of Lothian and Tweeddale, 
 affirming a judgment of the Presbytery of Edinburgh, ap- 
 pointing the moderation of a call of heritors and elders of 
 the parish of Liberton to Mr. John Jarden, probationer, 
 to be assistant-minister to Mr. Samuel Semple during his 
 life, and successor to him, as minister of the said parish, 
 after his death, affirmed. 
 
 The sentence of the Presbytery of Dingwall, refusing 
 to transport Mr. Murdoch M'Kenzie minister of Contane, 
 to Dingwall reversed ; and the said Air. JNI'Kenzie is 
 transported to the said town and parish of Dingwall, and 
 the foresaid Presbytery appointed to admit him minister 
 of Dingwall, betwixt and the first day of August next, with 
 certification. 
 
 The sentence of the Synod of Fife, approving a judg- 
 ment of the Presbytery of Kirkaldy, laying aside a pre- 
 
1741.] -MISCELLANEOUS BUSINESS. 25 
 
 sentation from the patron, and a call of the magistrates, 
 council, and some others of the town and parish of Kirk- 
 aldy, to Mr. George Kay, minister at Collessie, to be first 
 minister of Kirkaldy^ and translating Mr. David Mar- 
 shall, present minister in Kirkaldy, to the first charge and 
 benefice vacant by the death of the late Rev. Alexander 
 Adams, affirmed. 
 
 The diff^erences betwixt the laird of M'Kinan and the 
 minister of Strath, concerning payment of bygone sti- 
 pends, church manse, &c. being made up, and no complaint 
 since ofi'ered from that country, except that one Mr. Kelly, 
 a Popish priest in Cana, had lately attempted to insult 
 the minister in the exercise of his office, the procurator 
 and agents for the Church are appointed, as they see cause, 
 to use legal diligence for preventing such insults. 
 
 The orders of the late Commission for £60 to Mr. John 
 Currie, minister at Kinglassie, for his writings published 
 in vindication of this Churchy approven. 
 
 A resolution that no viaticums be granted to Commis- 
 sioners from any Presbytery, above six in number, and 
 not to them, unless they live at an hundred miles distance 
 from Edinburgh, and their stipends be under 800 merks 
 yearly, and that the allowance be restricted to £6 sterling. 
 This extends only to the Presbyteries of Mull, Abertarph, 
 Tongue, Kirkwall, Cairston, North Isles ; but in considera- 
 tion of the present circumstances of the Presbyteries of 
 Gairloch, Skye, Long Island and Zetland, they be excepted 
 from this rule. 
 
 Overture to Presbyteries, to give their opinion upon 
 what relates (in the Form of Process or other Acts) to the 
 manner of purging of scandals. 
 
 Overture about members of inferior judicatories, judg- 
 ing in causes appealed from them to superior courts, trans- 
 mitted to Presbyteries.* 
 
 Overture about licensing probationers, re-transmitted to 
 the several Presbyteries. 
 
 Reference to the Commission, finally to determine the 
 appeals of Messrs. Gilbert Man minister at Monedie, and 
 Alexander MacCulloch minister at Cluny, from a sentence 
 of the Synod of Perth and Stirling, ordering the members 
 
 * It originated with the Synod of Lothian and Tvveeddale, and proposed 
 that in appeal cases the members of the inferior courts should uot be consi- 
 dered as particb ; but it fell to the gtoiind next year. 
 
 C 
 
26 ANNALS OF THE ASSEMBLY. [1742. 
 
 of the Presbytery, who were present at Mr. Man's ordi- 
 nation, to be rebuked for their conduct, in applying to the 
 Sheriff of Perth, for ordering- a process of ejection to be 
 carried on against the late incumbent minister's relict, for 
 her not removing from the manse and office-houses. 
 
 Reference to the Commission, to consider an overture 
 about turning some passages of the Old and New Tes- 
 tament into metre, in order to be used in churches as well 
 as in families, and take the assistance of learned divines 
 who have employed their time and pains on subjects of 
 that sort, and report their opinion to the next Assembly. 
 
 The Synod book of Fife, attested, with a disapproba- 
 tion of that Synod allowing to be recorded in their books, 
 a protest and dissent entered by Mr. George Gillespie, 
 one of their members, against the sentence of the Com- 
 mission passed in the settlement of the parish of Ceres. 
 
 The business of this Assembly being finished, the rolls 
 of the members were called over, and the absents marked ; 
 and the Assembly ordered the clerks to transmit to the 
 several Presbyteries, accounts of the attendance of their 
 respective representatives in this Assembly, on the diets 
 of the same, to the end, That such as have been absent, 
 without a relevant excuse, may be censured. 
 
 May 25. The Assembly was concluded with prayer, 
 and singing of Ps. cxxxiii. and the blessing. 
 
 1742. 
 
 The General Assembly met May 6th, and Mr. Thomas 
 TuUideph, Principal of St. Leonard's College, St. An- 
 drew's, was chosen Moderator. The Earl of Leven was 
 Commissioner. 
 
 The Presbyteries of Dunfermline and Kirkaldy were 
 ordained to proceed, according to the rules of the Church, 
 to the planting of the kirks of Dunfermline, Burntisland, 
 and Orwel (still possessed by Messrs. Ralph Erskine, 
 James Thomson, and Thomas Mair, three seceding minis- 
 ters, though they were deposed by the Assembly, 1740), 
 and to crave the assistance of the civil power, if neces- 
 sary ; for which purpose, the Assembly appointed let- 
 
1742.] ORIGIN OF THE WIDOWS* FUND. 27 
 
 ters to be written to the Marquis of Tweeddale, one of 
 the principal Secretaries of State, to JVIr. Robt. Craigio, 
 his Majesty's Advocate, and to the magistrates in whose 
 jurisdictions the respective parishes lie, for their concur- 
 rence. And the Commission is empowered to determine 
 any question that may arise in planting the above kirks. 
 
 The Assembly passed the following sentences in private 
 cases : — Sustained a call to Mr. John Ferrier, minister 
 at Largo, to be one of the ministers of the Canongate ; and 
 also found a call to the same gentleman to be minister of 
 Falkirk, preferable to another call from that parish to 
 Mr. John Muirhead, minister at Glassford. — Transported 
 Mr. Murdoch Mackenzie from Dingwall to Inverness. — 
 Concurred with a call to Mr. James Yair, minister of 
 the Scots congregation at Campvere, to be minister of 
 Dalziel, and t!ie same ordered to be laid before the Pres- 
 bytery of Edinburgh, with a view to his transportation. — 
 Sustained a call to Mr. Joseph Pitcairn, probationer, to 
 be minister of Carnbee*, preferably to another call to Mr. 
 John Storer, probationer, which had been sustained by the 
 Synod of Fife. — Sustained a call to Mr. Thomas Dow, 
 probationer, to be minister of Bervie, preferably to another 
 call proposed to be given to Mr. Jas. MoUison, probationer. 
 — Affirmed the sentence of the Synod of Merse and Te- 
 viotdale, settling Mr. James Hume, probationer, as minis- 
 ter of Bowden ; but rebuked the Synod for not admit- 
 ting the elders who were of new chosen by the respective 
 sessions, to sit and vote in the Synod. Against this 
 settlement, Dr. Wishart, Principal of the College of 
 Edinburgh, gave in a dissent, to which five members 
 adhered. 
 
 It was at this Assembly that the noble scheme of the 
 canisters' Widows' Fund originated. The Assembly of 
 1718 had recommended that every minister in Scotland 
 should dedicate the tenth of his stipend, for one year, for 
 the relief of the widows and orphans of the ministers of 
 the Church, — the money so collected to be turned into a 
 stock and only the interest distributed. But so inopera- 
 tive did this recommendation prove, that we find it renewed, 
 
 * Notwithstanding the jiifJginent of the Assembly of 1740 (see p. 20), 
 the Presbytery of St. Andrews adhered to their opinion as to Mr. Nairn's 
 preseatatioa and call, which seem ultimately to have been withdrawn* 
 
28 ANNALS OF THE ASSEMBLY. [1742, 
 
 first in 1728, and again in 1733, and apparently with the 
 same results. The state of many deceased clergymen's; 
 families may be judged of from the fact, that there seems 
 to have been every year a collection for " the relicts or 
 children of ministers," in the Assembly House. 
 
 Though the merit of devising and maturing the present 
 scheme belonged to Dr. Alexander Webster of the Tol- 
 booth Church, Edinburgh, he was not a member of this 
 Assembly ; but it was probably with the view of giving 
 him the opportunity of stating and explaining his views, 
 that a special meeting of the committee for overtures was 
 appointed to be held on the evening of Saturday, May 8th, 
 " for receiving any schemes or proposals that may be 
 offered for raising a fund for the widows of ministers,'' 
 at which meeting (the intimation bore) " any member of 
 the Assembly or minister of this Church may be heard." 
 Accordingly, on Friday the 14th, the committee of over- 
 tures transmitted to the Assembly an overture and scheme 
 which was agreed to, and ordered to be printed separately, 
 and transmitted to Presbyteries. The scheme itself was 
 considerably modified afterwards ; yet as the document 
 possesses some historical value, and is not to be found in 
 the printed Acts of Assembly, we shall present it entire. 
 
 An ovERTUREand ^c'H^m'r for providing a yearly annuity 
 to Widows of Ministers of the Established Church of 
 Scotland, 
 
 The General Assembly, taking into their serious con- 
 sideration the advantage of providing the widows of minis- 
 ters hereafter dying^ so long as they remain unmarried^ in 
 ^yearly annuity ; and judging that £20 sterling, to each 
 of them, will answer this good purpose : and having had 
 laid before them a list from the ichole Presbyteries of 
 Scotland, two or three only excepted, containing an ac- 
 count of how many ministers have died since the first of 
 March 1722, how many of them left widows, how many 
 widows are still in life, and how many of them remain un- 
 married ; DO FIND, That, according to these accounts, 
 about 27 ministers die yearly, whereof 19 leave widows ; 
 and that at present there are in life 304 widows, whereof 
 about 280 are still unmarried : and this they compute upon 
 as the number of widows which in time coming are to be 
 provided for by this scheme. But, in regard of the annate 
 
1742.] ORIGIN OF THE WiDOw's FDND. 29 
 
 and the arrear of stipend that may be supposed due and 
 unpaid at the incumbent's death, which may aliment 
 widows and family for the^r^^ year of their widowhood, 
 it is designed, that they should only enter upon this fund 
 at the second Whitsunday or Martinmas after their hus- 
 band's death ; so that from this whole number of 280 un- 
 married loidows, there will be 19 still, who being in the 
 first year of their widowhood, are not entitled iov that year ; 
 consequently 261 is, in all probability, the utmost number 
 that will be to provide at any time. 
 
 But next, as the widows only of such ministers, as are 
 now living, are, upon their death, from year to year, to 
 enter upon the designed provisicm ; so, in the first year, 
 there will be none to provide; in the second, only 18 or 
 19 ; and, in each subsequent year, 18 are to be added, 
 till they amount to the full number of 261. 
 
 The Assembly overture to the several Presbyteries, 
 that the fund for this purpose be from year to year im- 
 posed, levied and applied, in the method following : — 
 
 I. That humble application be made for the aid and 
 authority of an act of Parliament, to constitute as their 
 Commissioners (who are notwithstanding to be account- 
 able to the General Assembly) the reverend the ministers 
 of the Presbytery of Edinburgh, and their successors in 
 office, whereof nine shall be a quorum ; and to empower 
 and enjoin the said ministers, as trustees, yearly to assess 
 every stipend or salary belonging to ministers, and that in 
 vacancies as well as when the charge is full, in an equal 
 su7n, not exceeding £4 sterling, as shall answer to give 
 every minister's widow, remaining unmarried, £20 sterling 
 yearly, and as shall answer for the expense of manage- 
 ment, the said expense to be determined by the General 
 Assembly; aud to empower the said trustees, to appoint 
 collectors for uplifting the sums yearly imposed, from the 
 respective ministers, or out of the first and readiest of the 
 stipends of each parish, by the like powers and remedies 
 as are competent by law to the respective incumbents for 
 their stipends; and to give warrant for general letters 
 issuing out of the Court of Session, upon the act of the 
 said trustees, at the instance of such collectors, for recovery 
 of the said annual collection ; and, in case the letters shall 
 be found orderly proceeded, that the suspender shall be 
 decreed to pay double costs of suit, 
 c 3 
 
30 ANNALS OF THE ASSEMBLY. [1742. 
 
 II. If the unmarried widows shall be more in number, 
 than that each of them can hav^e the foresaid annuities of 
 £20 by the assessment not exceeding £4, that, in that case, 
 the trustees be empowered and enjoined, as above, addi- 
 tionally to assess those ministers which have been Jirst 
 ordained, ov Jirst admitted to a benefice the preceding 
 year, equally, so as to make up the deficiency of the said 
 annuities, in a sum not exceeding £20 sterling each ; the 
 said sum being to be a burden upon them only for the 
 
 first year of their incumbency ; afterwards, they are to 
 pay no more than others. 
 
 III. In case these two assessments shall not answer for 
 the said annuities, that the trustees be empowered and en- 
 
 joiried, additionally to assess the stipends and salaries of 
 the yearly values following, in sums not exceeding these 
 respectively after-mentioned, viz. stipends and salaries of 
 £100 sterling yearly, and above, in £2 10s sterling yearly; 
 those of £80 and above, below £100 in £2 ; those of £70 
 and above, below £80 in £1 10s ; and those of £60 and 
 above, below £70 in £1, the act of Parliament to rank 
 each benefice in its proper class, according to the direc- 
 tion in article V. below ; the whole of this a<:/6//^?07?ft/ assess- 
 ment on each higher class, in the order in which they are 
 here placed, being always found insufiicient, before the 
 next lower successive class be additionally assessable in 
 any thing ; and all the stipends and salaries of each class 
 to be taxed equally. 
 
 IV. That a yearly list be transmitted from every Pres- 
 bytery, attested by the Moderator and Clerk, to the 
 General Assembly, and a like list, attested m like manner, 
 to the trustees, of all the ministers who have died in their 
 respective bounds, since the last or preceding General 
 Assembly, and what number of them left widows, and 
 also what number of widows, entitled to this fund, are 
 within their bounds ; that there may be proper evidence 
 for proportioning the assessments. And the trustees are 
 to choose a general collector, to receive the sums raised by 
 the particular collectors, betwixt Whitsunday and Mar- 
 tinmas yearly, which general collector is to pay, at Martin- 
 mas, to the several widows, or their order, at Edinburgh, 
 their respective a?inuities, upon production of a certificate 
 from the Presbyteries within whose bounds they reside, 
 of their being widows entitled to this fund, and remaining 
 
1742.J ORIGIN OF THE WIDOw's FUND. SI 
 
 unmarried. The particular and general collectors to be 
 chosen so as the money may be uplifted and applied witli 
 the least expense. 
 
 V. To ascertain the value of stipends where all or any 
 part of them are paid in victual^ the rate of such victual 
 is to be computed at the ordinary price to which it is con- 
 verted, in the case of the sale of lands, in the respective 
 shires. If payable in vicarage not valued, the value 
 thereof is to be ascertained by the Presbytery^ upon a 
 medium of its value for the preceding seven years ; if in 
 parsonage-teinds, by the same rule, or by the tack-duty, 
 when set in tack. And if any variation shall happen in 
 the extent of stipend actually payable to ministers, then, 
 upon proof of such alterations, the incumbents are to be 
 subject to contribute to this fund, in proportion to the 
 augmented or diminished stipend only, according to tho 
 above conversions and proportions, 
 
 VI. That the widows may be more absolutely secured 
 of having their provisions made effectual to them, it is to 
 be provided. That if the trustees shall fail or neglect to 
 execute the powers vested in them, that is to say, shall 
 fail to assess the several ministers in the quotas whereto 
 they are subjected, or shall fail to appoint collectors for 
 uplifting the said quotas, or shall /«27 to appoint a general 
 collector for receivmg or uplifting the said quotas, then 
 the widows entitled, and not receiving their annuity, shall 
 have an action for the sums due to them, against the 
 trustees who shall refuse or neglect so to assess and ap- 
 point ; and in case the said collectors, being appointed by 
 the trustees, shall fail duly to execute their respective 
 trusts, then the foresaid widows shall have an action, not 
 against the trustees, but against these several collectors, 
 who shall be liable to exact diligence, and find proper cau- 
 tion : and in case the said widows shall prevail in an ac- 
 tion, either against the trustees or collectors, they shall be 
 entitled to double costs of suit. And it is also to be pro- 
 vided, That the trustees shall have an action against the 
 several collectors, for any malversation or neglect in their 
 office. 
 
 VII. Any minister dimitting or resigning his charge, 
 his widow, notwithstanding, is to be entitled to the bene- 
 fit of this fund, as if he continued minister of the parish, 
 provided that, on or before dimission, he ^wq proper se- . 
 
32 ANNALS OF THE ASSEMBLY. [1742. 
 
 curity for payment, and do actually pay his yearly assess- 
 ment during- his life. This privilege also to be allowed 
 upon the same terms in case of deposition. 
 
 VIII. Though children cannot be directly brought into 
 this scheme, without greatly embarrassing it, and making 
 the widows' annuities a small matter ; yet the provision 
 for widows will generally redound to the benefit of the 
 children. Besides, the present funds for support of widows 
 and children belonging to Presbyteries and Synods, may, 
 if the contributors please, be allocate by these Synods and 
 Presbyteries, to the children 07ily within their bounds, 
 who are destitute oi father and mother, under the age of 
 fifteen, and whose fathers have been contributors to these 
 funds. In this case it will yield them a very reasonable 
 maintenance. And if the contributors incline, they may 
 allow others still to contribute, and entitle their children 
 to the benefit accordingly. But these funds have nothing 
 to do with the present scheme, and the hint is only given 
 for satisfaction of such as desire to know how orphans 
 may also be provided. 
 
 It is proposed, that the scheme commence, and the bur- 
 den of the yearly tax be laid on the stipends and salaries, 
 by the trustees, at the Assembly 1743, paid at Michaelmas 
 thereafter ; and the widows of the ministers dying after 
 said Michaelmas to be entitled. 
 
 The Assembly do transmit this overture and scheme to 
 the several Presbyteries, and require them to send a written 
 report, signed by their Moderator and Clerk, to the Clerk 
 of the Assembly, of their resolution thereupon, before the 
 meeting of the Commission, in November next ; and where 
 there is not an unanimous agreement, they require the 
 said Presbytery to send an authentic document of the 
 names and places of such ministers as dissent : and that 
 where a Presbytery proposes any alteration, they do ex- 
 pressly signify, whether they subject such alteration to be 
 cognosced or determined by the Commission, or if they 
 insist on such alteration being made, in order to their con- 
 sent ; and what number of the Presbytery do so insist. 
 And the Assembly likewise require the Presbyteries to 
 send a list of the extent of their several benefices, accord- 
 ing to the method of ascertaining their value above di- 
 rected. 
 
1742.] ACT ANENT LICENSING PROBATIONERS. 33 
 
 And the Assembly do further require all this, under 
 express certification ^ That such Presbyteries as do not sig- 
 nify their opinion in writing- to the Clerk of the Assembly^ 
 before meeting of the said Commission, they shall be held 
 as acquiescing and consenting to what is here proposed. 
 
 And the Assembly do hereby invest the said Commis- 
 sion, in November, with iheir fidi powers to receive in the 
 said reports : and if the Commission shall find, that the 
 overture has been approved by the majority of ministers 
 of this Church, they empower and appoint the said Com- 
 mission humbly to petition the King and Parliament, at 
 their next meeting, to enact as above.* 
 
 '&' 
 
 An Act disjoining the Presbytery of Long Island, 
 and erecting the same into two distinct Presbyteries, 
 viz., those of Lewis and Vist ; and further ordaining, 
 that the Presbytery of Lewis shall, at the first meeting 
 after their erection, appoint the ministers of Starnavoyf 
 and Uig for that year, as their correspondents ; and, at 
 their first meeting in the ensuing year, the ministers of 
 Lochs and Barfas, and so on in all succeeding years by 
 turns, to attend the meeting of the Presbytery of Uist at 
 Scarista in Harris, when, upon any emergency, they shall 
 be called to meet with them there ; and do appoint, that 
 the Presbytery of Uist in like manner appoint the minis- 
 ters of Harris and Bara for the first year, and the minis- 
 ters of North and South Uists for the next year, and so 
 on in all subsequent years by turns, as correspondents to 
 attend the meetings of the Presbytery of Lewis, at Sca- 
 rista in Harris, as the importance of any affair depending 
 before them shall require. 
 
 Act for the better attendance of members on the Com- 
 mission of the General Assembly, and enjoining that Pres- 
 byteries, after every quarterly meeting of the Commission, 
 take account of the attendance of their members, and en- 
 quire into the reasons or excuses of such as have not at- 
 tended, and censure them who have been absent without 
 sufficient cause. 
 
 An interim act and overture about the manner of 
 licensing probationers. This act has been superseded 
 by others since passed (especially that of 1813), but 
 
 * The above Overture and scheme was accompanied with '* Reasons in 
 support of it, drawn up by a Committee appointed for that purpose." 
 f Sic. in orig. meaning Stornoway. 
 
34 ANNALS OF THE ASSEMBLY. [1742. 
 
 in some respects it demanded a higher degree of literary- 
 attainment than what is now commonly required, e. g, 
 the translation of the Hehrew Bible ad aperturam libri, 
 sustaining a thesis and dispute on some controverted head 
 of divinity, &c. The following clause regards the private 
 trials. 
 
 " When the Presbytery, after serious enquiry and mature 
 deliberation, shall agree to take the proposed candidate 
 on trials, before his entry thereto, the General Assembly 
 appoints them, by themselves, or a committee of their 
 number, to take a private and previous trial of the pro- 
 gress he has made in the Latin, Greek and Hebrew lan- 
 guages ; in the study of philosophy, and his knowledge in 
 divinity, theoretical, polemical and practical, especially 
 such points as shall be matter of the present debates and 
 controversies ; his acquaintance with the holy scriptures, 
 and what impression he has of religion on his own soul ; 
 his knowledge of the constitution of the primitive christian 
 church, and also of our own, and of the government and 
 discipline thereof; and of his spiritual wisdom to deal 
 with the several sorts of persons he may have to do with, 
 namely, atheists, despisers of religion, careless and secure 
 persons, weak and tender consciences, and others, wherein 
 the great difficulty of the pastoral charge lies ; and parti- 
 cularly anent his ends and intentions in entering upon the 
 preaching of the gospel ; and that they appoint three or 
 four of their number for managing the said trials. And 
 the General Assembly further appoint the several Pres- 
 byteries concerned, to take special care that these trials 
 be not managed in an overly and superficial manner, but 
 as in the sight of GOD, and our LORD JESUS 
 CHRIST, the alone King and Head of his Church; and 
 either to reject, or delay to further trial such as are found 
 not sufficiently qualified." 
 
 The overture about members of inferior judicatories, 
 judging in superior courts in cases of appeal from the 
 sentence of such inferior judicatories, dropt. 
 
 The overture concerning the manner of purging scan- 
 dals, transmitted formerly, dropt. 
 
 A committee appointed to make a collection of trans- 
 lations into English verse or metre, of passages of the 
 holy scriptures ; or receive in performances of that kind, 
 from any who shall transmit them ; and the Presbytery 
 
1742.] MISCELLANEOUS BUSINESS. 35 
 
 of Dundee, and Synod of Angus, to transmit to the com- 
 mittee at Edinburgh, what collections they have made, or 
 shall make, and that the committee report to the next 
 General Assembly; and, meantime, take advice of the 
 Commission, and to meet in the Society's hall on the 
 Tuesday before each quarterly meeting of the Commission, 
 and at other times and places as they see cause, any three 
 of them to proceed. 
 
 Reference to the Commission to judge in an appeal of 
 Mr. Archibald MacColm from a sentence of the Synod of 
 Lothian and Tweeddale, affirming a judgment of the 
 Presbytery of Edinburgh, refusing to sustain a hcense to 
 preach the gospel, obtained by him in England, or to em- 
 ploy him as a probationer in the bounds of said Presby- 
 tery, in virtue of such license. 
 
 The sentence of the Synod of Lothian and Tweeddale, 
 affirming a judgment of the Presbytery of Peebles, declar- 
 ing. That in the present circumstances of the parish of 
 3Ianor, they could not proceed to the settlement of Mr. 
 Andrew Plummer, probationer, as minister of that parish ; 
 and recommending to the said Presbytery to deal in the 
 most prudent manner with all concerned, in order to bring 
 about the comfortable settlement of the said parish, affirm- 
 ed unanimously by the Assembly ; and the Moderator 
 ordered to write letters to the Earl of March, patron of 
 that parish, and to his curators, to give them noti'-e of this 
 sentence, and entreating they would not insist on their 
 presentation in this case. 
 
 Report of the committee named to consider several 
 manuscripts in the hands of Mr. Robert Woodrow, minis- 
 ter at Eastwood, read, and, according thereto, £30 ster- 
 ling is ordered to be paid to the said Mr. Woodrow for 
 certain volumes of manuscripts mentioned in said report, 
 and these volumes deposited in the Clerk's hands, that 
 any minister or elder of the Church may have access to 
 peruse them. 
 
 Former orders concerning public libraries, registers and 
 manuscripts, about the history of this Church renewed ; 
 and a committee appointed to enquire thereanent ; and 
 particularly at the representatives of Mr. Samuel Semple, 
 minister at Liberton, deceased, what progress he made in 
 the history he icas encouraged to write of this Church, and 
 what registers or manuscripts he left behind him. 
 
36 ANNALS OF THE ASSEMBLY. [1742. 
 
 The petition of the parish of Lochbroom, and Pre^by 
 teiy of Gairloch, appellants, from a judgment of the Pres- 
 bytery of Tayne, resolving to proceed to the admission of 
 Mr. Donald Ross at Lochbroom, to be minister of Fearn, 
 upon a call of that parish to him, sustained by the Com- 
 mission of the last Assembly, and an act of transportabi- 
 lity granted in his favours by the said Presbytery of Gair- 
 loch, in anno 1740, without calling the parish of Loch- 
 broom, with a reference of the cause by the Synod of 
 Ross, heard, and the said Presbytery of Tayne's after- 
 procedure, in actually admitting Mr. Ross at Fearn ; and 
 the Assembly affirmed the said settlement of Mr. Donald 
 Ross as minister at Fearn.* But the Assembly declare 
 their dissatisfaction with the Presbytery of Gairloch, in 
 granting acts of transportability to ministers in their bounds, 
 without calling upon, and hearing the parishes in which 
 they are settled ; and declare such acts, to ministers now 
 in their bounds, of no effect, unless they call and hear the 
 parishes concerned. 
 
 May nth. The Assembly was concluded with prayer, 
 and singing Ps. cxxxiii. with the blessing. 
 
 COMMISSION MEETING IN NOVEMBER. 
 
 The 10th of November, which was observed as a na- 
 tional fast by the King's appointment, happening to be the 
 day on which the Commission of the General Assembly 
 should have met, that reverend court did no business till 
 the day following. On the 12th, they took under consi- 
 deration the scheme for a provision to ministers' widows, 
 and passed an act in substance as follows : — " Find, by the 
 
 * Not long after Mr. Ross's settlement a fearful calamity befell his con- 
 gregation. " On Sunday the 10th of October (1742), in the time of wor- 
 ship, the roof and part of the side-wall of the church of Fearn, in Ross- 
 shire, fell suddenly in, occasioned by the violence of a storm, or, as some 
 «ay, by lightning. It was a vi-ry old fabric, built in the Gothic taste, and 
 covered with flagstone. The gentry had their seats in the niches, and bv 
 that means their lives were saved ; as was the minister, Mr. Donald Ross, bV 
 the sounding-board's falling on the pulpit, and bis falling down below it. 
 The area of the church was covered with the rubbi>h ; — vast numbers were 
 wounded, and forty dug out, whose bodies were so smashed and disfigured, 
 as that they could scarcely be known ; so that they were buried proaiistu- 
 wusly without ceremony." 
 
1742.] PLAN OF THE WIDOw's FUND. 87 
 
 returns made by Presbyteries, that 600, being near two- 
 thirds of the ministers of the Church, do approve of the 
 scheme. But, in regard several alterations are proposed 
 by the greatest part of those who approve, tending to 
 obviate many weighty objections made to it, particularly, 
 the heavy tax laid upon entrants, the too great advantage 
 it gives to present incumbents, the great burden it brings 
 upon their successors, and that it still leaves many orphans 
 of ministers in deplorable circumstances ; as the Commis- 
 sion are not empowered to make these alterations, how- 
 ever necessary and good they seem to be ; as some Pres- 
 byteries plead for a delay, as others have sent up no re- 
 ports, and as very few have given in a list of the value of 
 their several benefices ; nay further, as, by the Parlia- 
 ment's meeting sooner than was expected, the time for 
 receiving in private bills might be elapsed before the Com- 
 mission could apply to have the scheme turned into an act : 
 on these considerations they find themselves under abso- 
 lute restraints from proceeding at present to make the ap- 
 plication. But having it greatly at heart to prosecute 
 the design with the utmost diligence, and being desirous 
 that the scheme may yet become more unexceptionable, 
 more universally useful, and gain an unanimous approba- 
 tion, they nominated a committee, whereof seven, five of 
 them ministers, to be a quorum, (recommending to all the 
 ministers in Scotland, as they have access to join with 
 them) to consider the several returns already sent, or that 
 shall be sent up by Presbyteries ; and, from all the amend- 
 ments proposed, to form a scheme which shall appear to 
 them upon the whole best calculated to answer the good 
 design ; and to transmit the same without loss of time, to 
 be considered by the several Presbyteries ; who are de- 
 sired, if possible, to report their opinion of it to the Com- 
 mission in March. And those Presbyteries who have not 
 yet sent up a report, or given in a list of the value of their 
 several stipends, are appointed to transmit the same im- 
 mediately to the Clerk of the Assembly, to be laid before 
 the committee ; this appointment to be notified in the 
 newspapers.'' 
 
38 ANNALS OF THE ASSEMBLY. [1743. 
 
 1743. 
 
 The General Assembly having met May 12, Mr. Robert 
 Wallace, one of the ministers of Edinburgh, was chosen 
 Moderator. The Earl of Leven was his Majesty's Com- 
 missioner. 
 
 They had before them the scheme for providing fir?i an- 
 nuity for the ividoics and a stock to the children of minis- 
 ters. The committee appointed by the November Com- 
 mission had met to rectify the scheme first proposed, and 
 had transmitted copies of the amended scheme to Presby- 
 teries. This was now considered in a committee of the 
 whole house, and with several new alterations, was report- 
 ed to the Assembly ; who, after reasoning, approved of 
 them, and resolved to apply for an Act of Parliament for 
 making the scheme effectual ; but with this proviso, that 
 the taxes should not exceed the sums, nor the produce of 
 them be applicable toanyotherpurposes than those thereby 
 proposed ; and they directed the Commission, if they 
 should find encouragement to hope for success, to cause 
 such application to be made, in name of the Assembly ; 
 the expense to be defrayed out of the Church's public 
 money. Upon a petition of the Principal and Professors 
 of the University of Edinburgh, it vras agreed to allow 
 them to accede to this scheme in the same terms as minis- 
 ters do ; and at the same time it was declared lawful for 
 the other universities likewise to accede. 
 
 A petition of the Presbytery of Middlebie consisting of 
 eleven parishes, with a consent from each Synod and 
 Presbytery concerned. Agreeably to the desire of this 
 petition, the Assembly dissolved the Presbytery of Mid- 
 dlebie, and instead thereof erected two new ones : one of 
 eight parishes, to be called the Presbytery of Annan, com- 
 posed of the six parishes of Annandale which belonged to 
 Middlebie Presbytery, viz. Annan, Hoddam, Doinock, 
 Middlebie, Kirkpatrick and Graitney, and the parishes of 
 Cummertrees and Ruthwel, disjoined from Lochmaben 
 Presbytery ; and the other of six parishes, to be called 
 the Presbytery of Langholm, composed of the remaining 
 five parishes of Middlebie Presbytery, in Eskdale, viz. 
 Langholm, Ewes, Westerkirk, Eskdalemuir and Canon- 
 bie, and the parish of Castleton, disjoined from Jedburgk 
 
1743.] ELECTION OF AN AGENT FOR THE CHURCH. 39 
 
 Presbytery ; the ordinary meetings of each to be in the 
 town from whence it has its name. 
 
 On May 14th, came on the settling of the offices of 
 Agent for the Church and Sub- Clerk to the Assembly. 
 This proceeded on a motion to inquire by what right Mr. 
 Robert Macintosh exercised these offices since the death 
 of Mr. Nicol Spence, which happened a few months be- 
 fore ; and in order to have a clear view of the affair, Mr 
 Spence's petition, praying that Mr. Macintosh might be 
 conjoined with him in these offices, and appointed his suc- 
 cessor, was ordered to be printed, togetlier with the act 
 that passed thereupon ; which is as follows : — Edinburgh, 
 May 19, 1738. The General Assembly, having heard and 
 considered the said petition, did unanimously, and here- 
 by do nominate, constitute, and appoint him, the said 
 Robert Macintosh, to be conjunct agent for the Church, 
 and Sub-Clerk to the General Assembly, and Commis- 
 sions thereof, with the said Nicol Spence ; and in case he 
 shall be the survivor, do enact and declare, that he the 
 said Robert ^Macintosh, succeed in the foresaid offices, and 
 have right to the whole salaries, fees, profits and emolu- 
 ments thereof, as the said Nicol Spence does enjoy the 
 same." And the record bears, that Mr. Macintosh being 
 called, and the Moderator having administered the oath 
 de Jideli to him, he was received accordingly. On this 
 there was a long debate, chiefly on this question, Whether 
 the Assembly could legally appoint a successor to Mr. 
 Spence when there was no vacancy in any of the offices 
 possessed by him, he having made no resignation ? and in 
 the end it was agreed to state the question thus, is there 
 any vacancy in the offices of Agent and Sub-Clerk ? re- 
 serving to the Assembly to determine whether the same 
 were totally vacant, or not. And the vote being put, 
 Vacancy, or Not ? it carried Vacancy. Then the ques- 
 tion being put. Is there a total Vacancy or Not 9 it car- 
 ried Not. Upon which, a committee was appointed to 
 consider how the one half of the said offices thus found 
 vacant, should be supplied ; and they brought in an over- 
 ture ; which requiring Mr. Macintosh's concurrence, he 
 declared that he would conduct himself agreeably to 
 what the Assembly should determine. Then the over- 
 ture, upon the question put, being approved of, Mr. 
 Macintosh judicially resigned the half of the offices to 
 d2 
 
40 ANNALS OF THE ASSEMBLY. [1743. 
 
 which he was found intitled, that the overture mi^ht be 
 put in execution : and the Assembly nominated and ap- 
 pointed him and John Bailie, writer to the signet, con- 
 junctly to the said offices, with the survivancy of the whole 
 to the longest liver of them two solely ; as in the follow- 
 ing act :—" Edinburgh, May 19, 1743. The Assembly 
 did, and hereby do nominate, constitute and appoint 
 Robert Macintosh and John Bailie to be conjunct Agents 
 to this Church, and Sub- Clerks to the General Assem- 
 blies and Commissions thereof, and committee for manag- 
 ing the royal bounty : and that they have equal right to 
 the stated salaries of the said offices. But the Assembly 
 order and appoint, that the exercise of the office of Sub- 
 Clerk and Clerk to the royal bounty be in Mr. Macin- 
 tosh, and executed by him ; and that the exercise of the 
 other office, of Agent to the Church, be executed by the 
 said John Bailie: And that the casual emoluments attend- 
 ing the said sub-clerkship do belong to, and be enjoyed 
 solely by Mr. Macintosh ; and that the casual emoluments 
 of the said agency be solely enjoyed by the said John 
 Bailie : And that it shall be in the power of the Assem- 
 bly to appoint any one of them to execute any part of 
 either of the offices, from time to time, in such manner as 
 they shall direct : And that in case of sickness, necessary 
 absence, or inability of either, that the other be obliged 
 to act in both or either offices, during such sickness, ne- 
 cessary absence, or inability : And that the survivancy of 
 both offices be in the longest liver of the two solely." 
 Both accepted, and respectively took the oath de fideli, 
 which was administered to them by the Moderator. 
 
 The General Assembly appoints. That all questions 
 concerning the settlement of parishes, not already depend- 
 ing before this Assembly, but that may be brought before 
 the Commission, in pursuance of a general reference, shall 
 not be decided by them otherwise than by appeal or re- 
 ference from the Synod within which the vacant parishes 
 lie. 
 
 There being presented and read to the General Assem- 
 bly, an Act of the Synod of Perth and Stirling, (to whom 
 it was remitted by last Assembly to agree upon their 
 stated places of meeting and report) appointing their ordi- 
 nary fixed meetings to be at Perth in October, and at 
 Stirling in April yearly joer vices, in all time coming, the 
 
1743.] SETTLEMENT OF LOCHBROOM. 41 
 
 General Assembly having heard the said act, interpone 
 their authority thereto, and appoint the meetings of the 
 said Synod accordingly. 
 
 The following overture being proposed, viz. That here- 
 after it be an instruction to the Commission, that all causes 
 brought to the Assembly by appeal directly from Presby- 
 teries, and not decided by the Assembly, be determined 
 by the Commission at their meeting in JNIay, or otherwise 
 be remitted to the Synod of the bounds, and receive their 
 judgment from which the same may be brought to the 
 Commission in November or March: The General As- 
 sembly transmit the said overture to the several Presby- 
 teries for their opinion thereupon. 
 
 The cause with relation to the planting the parish of 
 Tannadicp., brought by reference and appeal to this As- 
 sembly, from the Synod of Angus and Mearns, before 
 whom the same came by several appeals from the Presby- 
 tery of Forfar, taken by both parties in the said parish, 
 callers of Mr. John Weath and Mr. Robert Young, pro- 
 bationers, heard, with the complaint of the callers of Mr. 
 Young, against the said Presbytery, for their proceedings 
 in settlement of the said Mr. Weath, as minister of Tan- 
 nadice, notwithstanding of several appeals taken from cer- 
 tain steps of their procedure ; and the Assembly, by a 
 vote, did affirm the said Mr. Weath s settlement, but de- 
 clared their dissatisfaction with several steps of the said 
 Presbytery's conduct in this affair. 
 
 Heard a petition of the Earl of Cromarty, patron, and 
 other heritors, elders and heads of families, of the parish 
 of Lochbroom, complaining of the proceedings of the Pres- 
 bytery of Gairloch, who first appointed the moderation of 
 a call, without intimating the same to the patron and prin- 
 cipal heritor ten free days, before they proceeded thereto ; 
 and thereafter sustained the call to Mr. Roderick Mac- 
 Kenzie* to be minister of that parish ; and heard also the 
 said Presbytery's proceedings of the 9th of February last, 
 in actually admitting the said Mr. MacKenzie as minister 
 at Lochbroom, with appeals tlierefrom ; and the Assem- 
 bly did nemine contradicente, reverse the said settlement, 
 and appointed the Presbytery of Gairloch to proceed to 
 
 * Ttiis person afterwardsj became the pi'^tor of a Dissenting congregation 
 in England, and presided at the admission of Mr. Thos. Boston at Jedburgh, 
 having ultimately joined the Reliefer Secession. 
 
 D 3 
 
4& ANNALS OF THE ASSEMBLY. [1743. 
 
 the planting of the foresaid parish, according to the rules 
 of this Church ; and in order thereto, appointed that the 
 said Presbytery name a day for the moderation of a call 
 to one to be minister of the said parish, betwixt and the 
 first of August next ; and that intimation thereof, be made 
 from the pulpit of the church of Lochbroom, twenty free 
 days before the day fixed for the foresaid moderation ; 
 and the Assembly declared their dissatisfaction with the 
 said Presbytery's conduct in the said settlement ; and ap- 
 pointed a letter to be wrote to the Earl of Cromarty, noti- 
 fying the same to him, and the Church's sense of his 
 Lordship's manner of using his patronages, and hoping 
 for the continuance thereof. 
 
 The appeal of Kenneth Gordon of Cluny, patron, and 
 others of the parish of Cluny ^ callers of Mr. William 
 M'Kenzie, probationer, to be their minister, from the 
 sentence of the Synod of Aberdeen, sustaining and con- 
 curring with a call of others of the said parish, to Mr. 
 Robert Michie, probationer, to be minister of the said 
 parish, and appointing the Presbytery of Kincardine 
 O'Niel, to proceed to his settlement therein, heard, and the 
 said sentence affirmed, and the Presbytery appointed to 
 proceed accordingly. 
 
 The sentence of the Synod of Glasgow and Ayr, sus- 
 taining an appeal of Sir Thomas Wallace of Craigie, from 
 a sentence of the Presbytery of Ayr, who had sustained 
 Mr Blair of Adamton, in the present instance, as sole 
 patron of the united parishes of Monkton and Prestick ; 
 and appointed a call to be moderate to Mr. Wm. Walker, 
 probationer (Adamton's presentee), alone; and ordering 
 the Presbytery to moderate in a call to Mr. George Ban- 
 antyne, probationer, presented by the said Sir Thomas 
 Wallace, to be minister of the foresaid parish, and Mr. 
 Walker to supply the vacancy there, reversed, and all that 
 followed in consequence of it ; and the said sentence of the 
 Presbytery of Ayr affirmed, and they appointed to proceed 
 to the moderation of a call to the said Mr. Walker alone. 
 
 A Commission from the burgh of Selkirk, to their re- 
 presentative in this Assembly produced, not attested by 
 the Presbytery, by reason that certain fees demanded by 
 their Clerk had not been paid, sustained, and a letter or- 
 dered to be sent to the Presbytery, inquiring how any 
 fees came to be demanded for such their attestatiofis. 
 
1743.J MISCELLANEOUS BUSINESS. 48 
 
 The report of the visitors of the register of the Com- 
 mission of the late General Assembly, brought in, and 
 their book ordered to be attested ; with a reservation as 
 to their decisions past, with respect to Mr. George Buch- 
 anan, late minister at Drymen, deposed ; Mr. John Ken- 
 nedy^ probationer, deprived of his license ; about planting 
 the pai-ish of Badernock ; and their not transporting Mr. 
 Nimmo from Johnston, to be minister at Moffat* 
 
 A call to Mr. James Muirison, minister at Edziel, pre- 
 sented by the Crown, to be minister at Kinnell, sustained ; 
 and the Presbytery of Aberbrothock appointed to pro- 
 ceed in a process towards obtaining his transportation and 
 settlement at Kinnell, according to the rules of this Church, 
 and several dissents offered against the said judgment. 
 
 The overture and interim act passed last year, with re- 
 spect to the manner of licensing probationers, continued 
 in force another year ; and remitted to the several Pres- 
 byteries, to give their opinion on an amendment proposed 
 to be made thereto, viz. that as to the time passed in 
 studying divinity, there be no exception made in favour of 
 students who have Gaelic. 
 
 Complaint of heritors, elders, and others of the parish 
 of Badernock, against the late Commission's sentence, sus- 
 tainingacall of some of that parish, to Mr. John Colquhoun, 
 probationer, his Majesty'spresentee, to be minister thereof, 
 dismissed ; and another complaint of the callers of Mr. Col- 
 quhoun, against the Presbytery of Dumbarton, for not exe- 
 cuting the above sentence of the Commission, heard, and the 
 Presbytery found in this case, not censurable for the delay, 
 in respect of the complaint against the said sentence of 
 the Commission ; but are now ordered to proceed to the 
 trials and settlement of the said Mr. Colquhoun, as minis- 
 ter of Badernock, according to the rules of the church. 
 
 The appeal of the parishioners oi Falkirk, callers of Mr. 
 William Leechman, minister at Beith, to be their minister, 
 from a sentence of the Synod of Lothian, affirming a judg- 
 ment of the Presbytery of Linlithgow, sustaining a call of 
 the said parish of Falkirk, to Mr. Robert Speirs, minister 
 at Linlithgow, to be their minister, heard, and the said 
 sentence reversed, and both calls laid aside ; and reference 
 to the Commission, to determine any question about the 
 settlement of Falkirk. 
 
 » None ot these decisions of the Commission seem to have been disturbed. 
 
44 ANNALS OF THE ASSEMBLY. [1743. 
 
 The sentence of the greater excommunication pronoun- 
 ced by the Presbytery of Edinburgh, against Mr. David 
 Paterson,* late probationer for the ministry, but deprived 
 of his license, for the scandals of adultery, and celebrating 
 marriages irregularly ; and the like sentence pronounced 
 by the said Presbytery, against George Gib, cordiner in 
 Caltoun, near Edinburgh, and Mary AYhite, spouse to 
 James Gowan, wright, for adultery and bigamy, appointed 
 to be intimated from the pulpits of all the Churches within 
 Scotland, agreeable to Act 9th, Assembly 1704. 
 
 Reference to the Commission, to determine in a cause 
 broug-ht by appeal of David MacMurtry in Daughty, from 
 a sentence of the Synod of Glasgow and Ayr, affirming a 
 judgment of the Presbytery of Ayr, in a cause brought 
 before them, wherein he is accused, as being guilty of 
 adultery with Margaret Logie, in which the Presbytery 
 rebuked him, for his prevarication and falsehood before 
 them ; and appointed a narrative of their whole procedure 
 against him, to be intimated from the pulpit of the Church 
 of Barr. 
 
 Recommendation to the Synods of Angus and Mearns, 
 Aberdeen, Fife, and Perth and Stirling, to make a col- 
 lection at all the church doors within their bounds, for 
 redemption of Robert Anderson, son to James Anderson, 
 in the parish of St. Vigians, who is detained captive at 
 Tangiers ; and to transmit the money so collected, to the 
 Moderator of the Presbytery of Aberbrothock. 
 
 Reference to the Commission, to determine in a cause 
 brought by appeal, of Gilbert MacGiiie, indweller in 
 Canongate, from a sentence of the Synod of Lothian and 
 Tweeddale, affirming a judgment of the Presbytery of 
 Edinburgh, prohibiting him to cohabit with Jean Wood, 
 in regard of his having been formerly married to Jean 
 Mustard, who is still alive. 
 
 May 2Sd. The Assembly was concluded with prayer, 
 and singing Psal. cxxii. 6, to the end — with the blessing. 
 
 * This degraded man after being confined in Edinburgh jail for about 
 eighteen months for marrying persons clandestinely, was liberated by the 
 Justices, August 19, 1749, "he having enacted himself to depart the city 
 and liberties, and never to return, on pain of bemg incarcerated and kept at 
 hard labour three years in the House of Currectioa." 
 
1744.] COMMENCEMENT OF THE WiDOW's FUND. 45 
 COMMISSION MEETING IN NOVEMBER 1743. 
 
 In the interval between the meeting of the Assembly 
 and that of the Commission in November, the Professors 
 in the Universities of St. Andrew's and Glasgow desired 
 to be included in the scheme for providing for the widows 
 and children of ministers. And the Commission, on the 
 9th of November, appointed Mr. Robert Wallace, their 
 Moderator, and Mr. George Wishart, ministers of Edin- 
 burgh, to go to London, in order to make application, dur- 
 ing the ensuing session of Parliament, for rendering said 
 scheme effectual. 
 
 1744. 
 
 COMMISSION MEETING IN MARCH. 
 
 At the meeting of the Commission (March 15, 1744,) 
 Messrs. Wallace and Wishart reported, that the Assem- 
 bly's plan for a Widow's Fund had, after a few altera- 
 tions, which seemed fit to the wisdom of the legislature, 
 received the sanction of Parliament and the Royal Assent ; 
 and they produced a copy of the Act of Parliament there- 
 anent. [The Royal Assent was given March 2. The 
 Act is under the head of 17. Geo. II., and is entitled, 
 *' An Act for raising and establishing a Fund for a pro- 
 vision for the widows and children of the Ministers of 
 the Church of Scotland, and of the Heads, Principals, and 
 Masters of the Universities of St. Andrews, Glasgow, 
 and Edinburgh." The commencement of the Fund is 
 reckoned from the 25th March, 1744. The above Act 
 has been amended by other Acts since obtained.] 
 
 At the same meeting of the Commission, the country 
 being now threatened with a war with France, and the 
 invasion of the Pretender, they presented a loyal address 
 to the King. [The declaration of war on the part of 
 France was made on the 15th March, the very day on 
 which the Commission met.] 
 
46 ANNALS OF THE ASSEMBLY. [1744. 
 
 ASSEMBLY, 1744. 
 
 The Assembly met on the 10th of May ; and Mr. John 
 Adams, minister at Dalrymple, was chosen Moderator. 
 The Earl of Leven was Commissioner. 
 
 Petitions were presented. May 16th, from the King's 
 and Marischal Colleges of Aberdeen, praying to be com- 
 prehended in the Act of Parliament for raising and esta- 
 blishing a fund for a provision for the widows and children 
 of ministers, &c. That from the Marischal College was 
 found to be a proper accession, and agreed to without dis- 
 pute. But compearance was made for the Sub-Principal 
 and four of the Professors of the King's College, against 
 the Assembly's receiving the petition offered in name of 
 that college. — The case was this : eight members were 
 present at the meeting which appointed the petition to be 
 presented, four of whom (including the Principal) voting 
 for, and four against the petition — the Principal gave his 
 casting vote for it. — After long pleadings, and reasoning 
 by members, the Assembly, upon the question put, sus- 
 tained the application as a pr(»per accession. Whereupon 
 the Pnncipal took instruments. But the lawyer for the 
 other party (Burnett, afterwards Lord Mouboddo,) pro- 
 tested, that the present and succeeding members of said 
 college should not be bound by this judgment, but should 
 be at liberty to seek redress, as they shall see cause. 
 
 The affair of greatest importance that came before the 
 court, was that of Mr. William Leec/ima?i, formerly mi- 
 nister at Beith, now Professor of Divinity in the Univer- 
 sity of Glasgow. Mr. James Robe, minister at Kilsyth, 
 published an account of it, in which he alleged, That 
 Mr. Leechman having, when a probationer, preached fre- 
 quently at Glasgow, was far from being looked upon as 
 an evangelical preacher: That he offended many good 
 judges by his preaching in such a philosophical and abstract 
 way, as if he had resolved the reverse of the apostle's de- 
 termination, 1 Cor. ii. 2 ; and that some ministers gave 
 him serious cautions and warnings concerning this : That 
 a sermon preached by him before the Synod of Glasgow 
 and Ayr (and afterwards published,*) did not remove the 
 
 * " The Temper, Character, and Duty of a Minister of the Gospel : a 
 Sermon on 1 Tim. iv. 16." It bus been often reprinted. 
 
1744.] CASE OF PROFESSOR LEECHMAN. 47 
 
 discontent; for, though the mysteries of religion, and the 
 peculiarities of Christianity, were mentioned, yet, both in 
 prayer and sermon, it was done in such a sparing manner, 
 comparatively with other subjects, as if they were but the 
 less piincipal objects of christian knowledge and faith: 
 That his publishing his sermon upon prayer^ in 1743, in- 
 creased the offence: And that on his being afterwards 
 elected Professor of Divinity, the offence became more 
 general, and was then accompanied with a deep concern, 
 lest that election might prove of evil consequence to the 
 purity of doctrine, and the ministry of this Church ; for 
 it was observed by many, that sermons without Christ, 
 and consisting of morality, without that relation to the 
 Gospel of Christ whicli alone can render it acceptable in 
 the sight of God, and preachers of them were increasing; 
 and they were afraid, that the youth taught by the author 
 of the sermon in debate would come forth rather more 
 exceptionable than their teacher, as is ordinary in such 
 cases. 
 
 A short time after Mr. Leechman's admission to the 
 divinity-chair, an elder, a member of the Presbytery of 
 Glasgow, in his own name, and in the name of many other 
 elders and people, informed that Presbytery, that there 
 was great offence taken against ]Mr. Leechman's sermon on 
 prayer, and desired that they would make inquiry whether 
 there was ground for it or not. After much deliberation, 
 and various proposals, the Presbytery appointed a com- 
 mittee to take inspection of the sermon, upon the fama 
 clamosa there was of things offensive in it ; and, in case 
 there appeared ground for the offence taken, they were 
 to converse with the Professor, to see what satisfaction he 
 offered. The Committee accordingly met several times, 
 and made remarks on the sermon, which the Professor 
 answered ; and as the two papers present a full view of 
 the points in debate, we shall here give them verbatim : 
 
 Remarks, by a Committee of the Presbytery of Glasgow, 
 upon Professor Leechmans Sermoii on Prayer; with 
 the Professor s Answers. 
 
 Pern. 1. The author presents God to christians, as the 
 object of their religious worship, and particularly prayer, 
 merely and absolutely as our Creator, without relation to 
 Jesus Christ, which the committee conceives to be incon- 
 
48 ANNALS OF THE ASSEMBLY. [1744. 
 
 sistent with Confession of Faith, chap. 21. sect. 2. and to 
 the Shorter Catechism, answer to the question, What doth 
 the preface to the ten commandments teach us ? 
 
 Answer. The author is not giving directions concerning 
 the acceptable way of worshipping God, nor laying down 
 any speculative principles concerning the proper object of 
 religious worship, or the grounds of confidence in God, 
 in the passages of the sermon referred to in the remark 
 of the committee : all that the author asserts is a plain, 
 and, he thinks, an undeniable fact. That, when a person 
 is struck with a deep sense and intimate conviction of his 
 own ignorance, his own depravity, and his utter inability 
 to help himself, or secure his own happiness in this or in 
 another world, he will then necessarily fly out of himself, 
 and seek refuge in him that made him, and upholds him 
 in being. This is a fact abundantly confirmed from ob- 
 servations on the world, from the natural workings of the 
 human mind, and from the experience of mankind. This 
 is true, not only of a Jew or a Christian, who has just 
 notions of the divine nature and perfections ; but it is true 
 also of a Heathen, however imperfect his notions of God 
 may be. For, whether he believes there is one supreme 
 Being, or believes there are superior beings who can help 
 him, he will fly to him or them in the helpless circum- 
 stances in which I have represented him as placed. This 
 passage in the sermon is therefore only a general observa- 
 tion on human nature, and true in some respect in all na- 
 tions and ages of the world, however difi^erent their no- 
 tions of religion may be. 
 
 Now this is perfectly consistent with the doctrine of the 
 Confession of Faith, That the propitiation and intercession 
 of Jesus Christ can only give full consolation and perfect 
 rest to the soul of man, under its greatest distresses. If 
 the reverend committee will be pleased to attend to what 
 I have said, as it stands in connection with what goes be- 
 fore, they will soon see that the passages referred to in 
 our standards contain nothing contrary to what I have 
 said ; and that, in order to show that there is any incon- 
 sistency in my doctrine with the Confession of Faith, they 
 must find out some passages of it which assert, That the 
 deepest sense of self- ignorance, weakness, and insufiiciency 
 for happiness, will have no influence to make a rational 
 creature look beyond itsell^ and wish and seek for happi- 
 
1744.] CASE OF PROFESSOR LEECHMAN. 49 
 
 ness elsewhere. Besides, it may be answered, That 
 though I had given a direction to mankind in these terms, 
 to fly out of themselves, and take refuge in him who made 
 them, there could be nothing blame-worthy in this, since 
 it is the known and acknowledged style of the Holy Scrip- 
 tures, Psal. xlvi. 1. — 1 Peter, iv. 19. 
 
 Rem. 2. In his discourse upon the nature of prayer, in 
 which he proposes to set it in its true light, by stripping 
 it of every thing foreign and superfluous, and which stands 
 in his book as a finished piece, there is no mention made 
 of the merits and intercession of our blessed Saviour and 
 Redeemer, — which we think is expressly contrary to Act 
 7, Assem. 1736. The chief design of which is, to excite 
 ministers and preachers to guard against the great preju- 
 dice that our religion must sustain, not only by opposing, 
 but also by neglecting and disregarding, or too superfi- 
 cially handling of the blessed truths of the gospel concern- 
 ing Christ, and his mediation, &c. ; and which Act also 
 directs them to make it the great scope of their sermons, 
 to lead men to Christ, and a covenant of grace, for life 
 and salvation ; and directs Presbyteries to inquire con- 
 cerning the observation of this Act. It seems also not 
 to come up to the description of prayer given in our Larger 
 and Shorter Catechisms, which take in the name of Jesus 
 Chnst as an essential ingredient of prayer. 
 
 Ans. To this let it be observed, 1^^, That the author 
 has expressly fixed and determined the meaning of these 
 words, "foreign and supei-fluous circumstances," by their 
 connection with what goes before. For he has taken notice, 
 in the introduction, that the low and superstitious practices 
 of well-meaning people, and the perversions of wicked and 
 designing men, have been one ground of the contempt into 
 which prayer is fallen among one part of the world ; and 
 therefore, in order to remove these causes of contempt, he 
 proposes to describe prayer stript of all these foreign and 
 superfluous circumstances, which have been one great 
 cause of its falling into disesteem. The word " therefore" 
 evidently connects the sentence in which it is inserted, with 
 the introduction, which goes immediately before. Since 
 then the words, " foreign and superfluous circumstances,'' 
 are mutually and necessarily explained and determined by 
 *' superstitious practices," mentioned in the introduction, if 
 
 E 
 
50 ANNALS OF THE ASSEMBLY. [1744. 
 
 the reverend committee suspects that I intend to represent 
 the doctrine of the mediation and intercession of Jesus 
 Christ, as one of the superstitious doctrines of well-mean- 
 ing men, or one of the abuses of wicked and designing 
 men, I know no remedy for tliose who allow themselves 
 to entertain such malicious and unbounded suspicions, but 
 praying to God for them, that he may teach them not to 
 judge lest they be judged. But as I choose rather to think, 
 that the committee has not attended to the connection of 
 the discourse, than that they have intended to represent 
 me as guilty of blasphemy, by pointing out the doctrine of 
 the intercession of Jesus as mere superstition, let it be ob- 
 served, 
 
 In the 2d place. That, when the committee asserts that 
 my discourse on the nature of prayer stands as a finished 
 piece, they seem to mean, that, as it stands, it is a full and 
 complete account of the doctrine of the Confession of Faith, 
 and of the New Testament, concerning prayer. Now, 
 that I did not intend that discourse for a complete system 
 of the scripture-doctrines, and the doctrine of our standards 
 concerning prayer, is evident, 1. Because it is expressly 
 limited to one of the three parts of prayer mentioned by 
 our standards, in the sermon, p. 4, near the bottom. 2. 
 Because it is further restrained by the division of the dis- 
 course, in the same page ; where it is not proposed to 
 consider either the ground of acceptance in prayer, or the 
 qualifications in the person necessary to render his prayer 
 acceptable. Some of the qualifications of the person who 
 prays are indeed mentioned ; but, as it is only in a tran- 
 sient manner, they are not fully explained or illustrated, 
 and other very essential qualifications are entirely omitted. 
 For instance, a forgiving temper is made an essential quali^ 
 fication of prayer by our blessed Saviour, Matt. vi. 12, 
 14, 15, and yet 1 have not mentioned it. Now, will the 
 reverend committee conclude, from that omission, that I 
 intend to point it out as one of the superstitious circum- 
 stances of which prayer must be stripped ? 3. The bulk 
 that the answers to the objections against prayer bear in 
 the sermon, plainly shows, that they were the principal 
 thing intended in it. And 4. Because this sermon, which 
 is now printed, was only one discourse enlarged out of 
 eight or nine delivered from the same text, at the same 
 time this sermon was first preached, when I spoke at a 
 
1744.] CASE OP PROFESSOR LEECHMAN. 51 
 
 considerable length on the doctrine of the intercession of 
 Jesus. 
 
 3d, I cannot help thinking-, that this remark of the 
 reverend committee would have been very groundless and 
 uncharitable, even though the sermon had not borne such 
 evident marks of its not being intended for a complete 
 account of the doctrine of prayer. How is it possible to 
 imagine, that true candour could ever have interpreted, 
 " stripping prayer of its foreign and superfluous circum- 
 stances," to be stripping it of the mediation and interces- 
 sion of Jesus Christ, when the same author, in the very 
 same sermon, expresses his regard for these doctrines, in 
 the most solemn manner imaginable, even in an address 
 to the heart- searching and righteous judge of all the earth ? 
 when the same author, in another printed sermon, incul- 
 cates it as the duty of all ministers, to treat these subjects, 
 not in a transient or superficial manner, but at great length, 
 as being of the utmost importance ? when the same author 
 has frequently preached before thousands in the town of 
 Glasgow (where the remark is made) on these very sub- 
 jects ? and the person, every time he prays, does it in the 
 name of Jesus Christ — of which he has as many witnesses 
 as there are persons who ever heard him pray, either in 
 private or public ? So that there is not the least ground 
 for representing me as transgressing the Act of Assembly 
 1736. 
 
 4thf As the reverend committee has not attended to 
 the limitations given to the subject, so they have not ob- 
 served the characters, and turn of thinking, of the persons 
 for whose instruction or information it is intended. The 
 author thinks he has plainly marked them out in the in- 
 troduction. It is such as have a determined contempt of 
 prayer, — such as treat the example and the precepts of 
 Jesus Christ, concerning prayer, in a slight and contemp- 
 tuous manner. Now, such persons must either be con- 
 firmed deists, or sceptics. The last of these do always 
 call themselves christians ; and sometimes the former too, 
 and are wiUing to embrace the doctrine of revelation con- 
 cerning the moral character of God, and the precepts con- 
 cerning the moral virtues, though they reject peculiar doc- 
 trines of Christianity. And that some of both these sorts 
 of men have imbibed strange prejudices against devotion, 
 and especially against prayer, is well known to those who 
 e2 
 
52 ANNALS OF THE ASSEMBLY. [1744. 
 
 are acquainted with the world. That such persons are 
 apt to be fortified in their prejudices, by such books as are 
 written with a design to ridicule devotion, must also be 
 acknowledged. That some persons were actually con- 
 firmed in their prejudices against religion, by a late pam- 
 phlet, which endeavoured to represent all devotion as ab- 
 surd and unreasonable — nay, as an impious and blasphem- 
 ous practice — some have had particular occasion to know. 
 Now, if this is the case, can the reverend committee con- 
 demn a well-designed attempt to remove prejudices, and 
 reconcile men's minds to such an important branch of re- 
 ligion as prayer is ? Is there any precept of divine reve- 
 lation, any dictate of reason, any Act of Assembly, which 
 forbids to make any application to such persons for their 
 reformation ? or that forbids us to reason with them on 
 such principles as are owned by them, and just in them- 
 selves ? And if such persons are partly prejudiced against 
 prayer, by observing that absurd forms of it are some- 
 times used, — that needless repetitions, tedious informa- 
 tions, without any mixture either of prayer or praise, and 
 many other superstitious practices pass in the world for 
 true devotion : can anyone be blamed, for stripping prayer 
 of these foreign and superfluous circumstances, and placing 
 it in its true light ? Must a person be represented as an 
 enemy to all christian prayer, because he has endeavoured 
 to show, that prayer is a duty, even by the light of na- 
 ture ? Must not men first be reconciled to prayer itself, 
 and be convinced that it is a reasonable thing, before they 
 can be reconciled to praying in the name of Christ? And 
 if, in reasoning with persons prejudiced against prayer, an 
 author reason not only from the light of nature, but also 
 from such parts of divine revelation as tliey will not much 
 dispute to be agreeable to the moral character of God, 
 owned by themselves ; can he be justly blamed, because 
 lie does not reason from other parts of divine revela- 
 tion, which they absolutely reject? Is it not evident to 
 every intelligent reader, that if I had introduced the doc- 
 trine of the intercession of Christ into the description of 
 the nature of prayer, that I must also, according to the 
 method proposed, have answered the objections against it? 
 But that was not my present design : that would have 
 been a new subject ; and the one I have handled is, in the 
 nature of the thing, previous to it. So that the complaint 
 
1744.] CASE OF PROFESSOR LEECHMAN. 53 
 
 of omitting this doctrine of revelation, amounts only to 
 this : Why did I not handle another branch of the doc- 
 trine of prayer ? or, Why did I not publish another ser- 
 mon on this other subject ? 
 
 For ray own part, as I am conscious to myself, that I 
 composed this sermon in a good disposition, and with a 
 good intention ; (and I hope that, to my readers it bears 
 the marks of both) ; and as I have particular occasion to 
 know, that, in some instances, it has been of use (by the 
 divine blessing) to reconcile prejudiced minds to the theory, 
 I hope also to the practice of prayer, I am possessed of 
 an inward satisfaction of mind, which the whole world 
 cannot rob me of : and, after all the clamour that has been 
 raised, I still approve of the sermon's being sent abroad. 
 
 Rem. 3. That the author of the sermon having described 
 prayer as mentioned in the former proposition, he again 
 and again asserts, that the person thus praying shall be 
 heard and accepted of God ; which we conceive to be con- 
 trary to Confess, chap. 21, sect. 3 ; as also to Larg. Cat. 
 Answer to, "What is it to pray in the name of Christ ?" 
 and to, " Why are we to pray in the name of Christ ?" 
 
 Ans. The author does not remember that he once as- 
 serted, that those who pray in the manner he describes 
 shall be heard and accepted ; and the committee has pointed 
 out no passage where he has once used these words. But, 
 if there is any thing in this remark, it seems to coincide 
 with the following one. 
 
 Rem. 4. The author teaches a trust and confidence in 
 God, encouraged from the consideration of his infinite 
 mercy, p. 7, 8, & 59, and the manifestations he as Creator 
 hath given mankind of his glorious perfections, as employed 
 for their safety and welfare, p. 12, 1. 10 from the foot, 
 without any relation to the mediation of Jesus Christ, and 
 the covenant of promises founded on him : contrary, as we 
 conceive, to Larg. Cat. Answer to, " What is justifying 
 faith ?" where faith and trust include not only assent to the 
 truths of the gospel- promise, but a receiving and resting 
 upon Christ, and his righteousness therein held forth ; as 
 also to Confess, chap. 14, sect. 2, where the principal acts 
 of faith are, accepting, receiving, and resting upon Christ 
 E 3 
 
54 ANNALS OF THE ASSEMBLY. [1744. 
 
 alone, for justification, sauctification, and eternal life, by 
 virtue of the covenant of grace. 
 
 Ans. The author is not directly treating" of the grounds 
 of acceptance in prayer, in p. 7 Sc 8. The grounds of ac- 
 ceptance are not proposed to be considered, in the begin- 
 ning of the discourse: the principal thing the author has 
 in view, through the whole first head of the discourse, is, 
 to describe the inward acts of mind exerted in prayer ; 
 and, without descending to a particular explication of the 
 several grounds and encouragements of being heard in 
 praying, all that the author is asserting on this head is 
 this. That none would ever pray, if they had not some 
 hope and trust that they would be the better of praying ; 
 and indeed no creature that acts rationally would ever 
 pray, if they did not hope and expect some advantage 
 from praying ; and therefore the author asserts, that some 
 degree of hope and trust is a necessary ingredient of 
 prayer. And that this was the author's chief design, is 
 evident from his express words, p. 4, at the bottom, and 
 p. 5, at the top. If the author has departed a little from 
 his method proposed, and suggested any thing concerning 
 the foundations of hope and trust, it is expressed almost 
 wholly in the very words of Jesus Christ himself, and the 
 other inspired authors. And the use that he makes of 
 those promises of tlie holy scriptures, is, to reason from 
 them with the deists and sceptics, (the people with 
 whom he has to do), that they are more fully satisfactory 
 to the human mind, and afi^ord a stronger ground of trust, 
 than the general conclusions of the light of nature. As 
 to what is objected against p. 59, the author has mentioned 
 the revelation of the will of God several times, in the 
 prayer, before that expression : and the scheme of re- 
 demption is a part, an important part too, of the great 
 plan of universal providence. Besides the manner of 
 speaking is countenanced by our Shorter Catechism, in 
 the aiiswer to the question, " How doth God execute his 
 decrees ? ' As to p. 12, 1. 10 from the foot, the author is 
 not speaking of the grounds of acceptance in prayer, but 
 of those views of things which ought to lead men to pray ; 
 and all that he asserts is, that a sense of the imperfection 
 of human nature, and the manifestations God hath given 
 of himself in the works of creation and providence, ought 
 to lead even those to pray, who do not enjoy the benefit 
 
1744.J CASE OF PROFESSOR LEECHMAN. 55 
 
 of divine revelation. This seems to be agreeable to the 
 Confession of Faith, first sentence, and to Rom.i. 19,20,21. 
 
 Hem. 5. The author seems to them to insinuate, that 
 there are some of mankind, who, without the benefit of 
 revelation, are capable to reason out to themselves such a 
 knowledge of God, as may be sufficient to their attaining- 
 to eternal happiness ; contrary to Confess, chap. 1, sect. 1 ; 
 as also to Larg. Cat. Answer to, " How does it appear there 
 is a God ?" 
 
 Ans. The author positively denies that he has either 
 said, or insinuated, what the committee charges him >vith 
 in this remark. All that the author has said here, is no 
 more than an arguynentum adhominem ; it is no more than 
 this. That it must be acknowledged, even by deists and 
 sceptics, w ho think a system of religion can be reasoned 
 out by the light of nature, that revelation is a much easier 
 way of attaining it, and much more fitted to the capacities 
 and situation of the bulk of mankind. Though this were 
 really all that I intended, and had no design of delivering 
 any sentiment of my own, conceniing the ability of man- 
 kind to reason out the knowledge of God, and of true 
 religion ; yet, lest this should be thought an artful ev^ad- 
 ing of an inference drawn by the committee, which was 
 otherwise unanswerable, I shall therefore endeavour to 
 show, that there is nothing in what I have said contrary 
 to the scriptures or Confession of Faith. That the 
 heathens were capable of reasoning out a clear character 
 of the Deity, is expressly asserted by the apostle Paul, 
 Rom. i. 19, 20, 21, such a clear character as should have 
 led them to glorify him. The Confession of Faith asserts 
 the same thing, in effect, in the very first sentence of it, 
 and adduces this passage of the apostle to prove it. But 
 how the committee came to draw this inference, that I 
 asserted, that some of mankind could reason out to them- 
 selves such a knowledge of God as is sufficient to eternal 
 life, is extremely surprising. For, though I had asserted, 
 (which I have not done, nor is it my opinion), that some of 
 the heathens could have reasoned out as clear a character 
 of the Deity, and as clear a connection betwixt virtue and 
 happiness, as the scriptures have revealed, it could not be 
 inferred, even from that assertion, that I had said, that 
 some of the heathens could by the light of nature, attain 
 
56 ANNALS OF THE ASSEMBLY. [1744. 
 
 to such a knowledge of God as is sufficient to their attain- 
 ing eternal happiness : for, according to our standards, it 
 is not the speculative knowledge of God, (which is the 
 thing I am speaking of), however clear it be, even with 
 the clearness of revelation itself, that is sufficient for at- 
 taining salvation ; but that saving knowledge which is 
 produced by the influence of the Holy Spirit. Thus the 
 Confession of Faith, chap. 1, sect. 1, allows, that there 
 is a very considerable degree of speculative knowledge 
 attainable by the light of nature ; while, at the same time, 
 it denies, that saving knowledge is attainable by it. And, 
 in the same chapter, sect. 6, this distinction is more ex- 
 pressly established in these words : " Nevertheless we 
 acknowledge, that the inward illumination of the Spirit is 
 necessary for the saving understanding of such truths as 
 are revealed in the word." From these considerations I 
 hope it appears evidently, that there is no appearance of 
 contradiction here to our standards. 
 
 Rem 6. The committee finds, that, in the objection, as 
 it is laid, p. 36, it is directly asserted, " That punishments 
 threatened to be inflicted on sinners, in this and an eter- 
 nal world, are intended, by our kind Creator, for our 
 reformation and amendment." And, in the answer to this 
 objection, this proposition, though false in itself, and dan- 
 gerous in its consequences, is not disowned or disclaimed ; 
 though such a way of speaking and teaching be also con- 
 trary to Confess, chap. 3, par. 7, and chap. 6, par. 6. 
 
 Ans. The author, both in the objection, and in the an- 
 swer, is so far from saying, that there are no other punish- 
 ments, but what are intended for reformation and amend- 
 ment, that he plainly expresses the contrary, according to 
 the common use of language, that there are other punish- 
 ments. For the words in the objection, " those sufi^erings, 
 &c." necessarily suppose " other suff'erings." " Punishments 
 destined for our reformation," in the answer, also neces- 
 sarily supposes, that there are other punishments, not des- 
 tined for reformation. If I should say, those men are un- 
 sound in their principles, it necessarily supposes, that there 
 are other men who are not so. 2. That there are other 
 punishments, is expressly taught in the following page, 
 1. 17 & 18 from the top. 3. For the clearing of this whole 
 passage from all ground of cavil and suspicion, let it be 
 
1744.] CASE OF PROFESSOR LEECHMAN. 57 
 
 observed, that the objection is first stated in general, 
 What use can prayer be of, for obtaining pardon of sin, 
 and deliverance from those punishments threatened to be 
 inflicted on sinners in this and an eternal world ? After 
 this general state of the objection, the first part of it, viz. 
 How can prayer deliver us, or contribute as a mean to deli- 
 ver us from the punishments of this life ? is taken up and 
 urged in the following terms : — " If sin deserves punish- 
 ment, viz. in this life, and if punishment is necessary, &c." 
 and so on to the end of the objection. Then the answer 
 is given to this first part of the objection, " That a sense 
 of our faults, &c." to the end of the 36th page. Now, the 
 reason why the author has not returned, and stated and 
 urged the second part of the objection, at full length, viz. 
 How can prayer be a mean of delivering of us from the 
 eternal punishments of another world ? is this, that he 
 thought it needless, and that it would appear to be so to 
 the reader ; because, if prayer is a mean of preventing 
 those temporal punishments which God inflicts on wicked 
 men, in order to awaken and convert them, by leading 
 them to real repentance, before they are inflicted ; then 
 prayer must be also a mean of preventing those eteraal 
 punishments which would have followed upon their con- 
 tinuing in an impenitent state : and therefore the author, 
 without formally stating the second part of the objection, 
 which he thought was quite needless in his present argu- 
 ment, after having stated the first part, only adds, in an- 
 swer to the second part, '' And thus prayers, &c." in the 
 top of p. 37, i. e. must be a mean of securing also from 
 the punishments of an eternal world. 
 
 Rem. 7. That there is a natural, and therefore neces- 
 sary, connection betwixt the penitent disposition, and the 
 pardon of our sins, thereby superseding the necessity of 
 the satisfaction of Christ, and the constitution of God, 
 which is contrary to Confess, chap. 13, par. 3, and chap. 
 11, par. 1 ; and Larger Catechism, Anstver to, "What doth 
 every sin deserve at the hand of God ?" 
 
 Ans. The author asserts no connection here betwixt a 
 penitent disposition and the pardon of sin, but what is as- 
 serted in numberless passages of the Holy Scriptures, as 
 Isa. Iv. 6, 7 — Acts, xxvi. 20 — Prov. xxviii. 13. When 
 the author asserts that prayer, and alteration of conduct, 
 
58 ANNALS OF THE ASSEMBLY. [1744. 
 
 secures from those punishments which must have ensued, 
 &c., p. 37, 1. 5, 6, 7, from the top, that is no more than 
 saying, that repentance and reformation are necessary- 
 means, or conditions sine qua non, in both the nature of 
 things, and positive appointment of God, of obtaining par- 
 don of sin and eternal life, — which is perfectly consistent 
 with the doctrine of the satisfaction of Christ for the sins 
 of the world. Since the scripture, in innumerable places, 
 asserts this connection betwixt repentance and forgiveness, 
 without taking notice, at that time, of the doctrine of 
 Christ's propitiation, how can any one be blamed for as- 
 serting this connection, in the same manner that the scrip- 
 ture does ? 
 
 Rem. 8. The committee observes, that the passage cited, 
 p. 41, at the beginning, appears to be altered. 
 Ans. The author's memory failed him here. 
 
 Rem. 9. The committee observes, from p. 62, from the 
 middle, that where the author mentions the various ends 
 of the coming of Christ into the world, and of his death, 
 he omits taking notice of the greatest and most important 
 end, namely, his satisfaction. 
 
 Ans. If the author has not mentioned the satisfaction, 
 it must at least be owned that he has mentioned one of 
 the grand effects of it, viz., the delivering us from the 
 punishments due to us for our sins. Now, the mentioning 
 the principal effect of any thing is very near the same 
 thing as if he had mentioned the cause itself. 
 
 Before, however, this affair was brought to any issue, 
 the Professor carried it by a complaint to the Synod of 
 Glasgow and Ayr, who (notwithstanding an appeal by the 
 Presbytery to the Assembly) having considered the Pro- 
 fessor's answers to the committee's remarks, found that he 
 had removed any offence the committee seemed to have 
 conceived, and therefore found no reason to charge him 
 with any unsoundness in the faith expressed in the pas- 
 sages complained of in the sermon. 
 
 The Assembly entered upon the case on the 17th of 
 May ; and, after very long pleadings, a committee was ap- 
 pointed to bring in an overture concerning it. Before this 
 
1744.] CASE OF PROFESSOR LEECHMAN. 59 
 
 committee parties pled ; and the Professor presented the 
 following paper, signed : — " One main occasion of publish- 
 ing this sermon, on prayer, was to prevent the bad effects of 
 a late pamphlet which represents prayer as an absurd and 
 unreasonable, nay, as an impious and blasphemous practice. 
 For that wicked pamphlet being spread in the part of the 
 country where I live, and having had observable bad in- 
 • fluence upon young and unthinking minds, I was persuaded 
 by some friends, who are zealous for the interests of reli- 
 gion, to publish this sermon (which they had occasionally 
 heard me preach) as a proper antidote to the poison of it. 
 As the pamphlet which occasioned the publication of this 
 sermon did attack only one part of prayer, viz., offering 
 up our desires to God, but did not attack the other part 
 of it, viz., offering them up in the name of Christ, the dis- 
 course is therefore mainly limited to the explication and 
 vindication of this first part of prayer, without explaining 
 and vindicating the second part of it, which I considered 
 as a separate subject, or at least a different branch of the 
 same subject. So that the omissions complained of in that 
 performance did not proceed from any disregard of these 
 important and fundamental doctrines of Christianity, "the 
 offering up our desires to God in the name of Christ, and 
 the merits and satisfaction of the Mediator as the only 
 grounds of our acceptance with God, and of our obtaining 
 the pardon of sin ;" but from a persuasion that it is neces- 
 sary to convince men of the reasonableness of offering up 
 their desires to God, before you can convince them that 
 it is a reasonable thing to offer them up in the name of 
 Christ ; and from a persuasion that it might be of some 
 use (through the Divine blessing) to endeavour to do the 
 first of these, at the time when, and in the place of the 
 country where I attempted it. If, therefore, any passages 
 of this sermon have been so uncautiously expressed, as 
 naturally to lead any to think (which I am not yet con- 
 vinced they are), that I meant to assert, " That the ne- 
 cessity of the christian religion itself is superseded by the 
 light of nature, or that the light of nature is sufficient to 
 give that knowledge of God, and of his will, which is ne- 
 cessary to salvation ; that praying in the name of Christ 
 is not the duty of christians, or a foreign and superfluous 
 circumstance ; or that the merits and propitiation of Jesus 
 Christ are not the only grounds of a sinnei^'s acceptance 
 
GO ANNALS OF THE ASSE3IBLY. [1744. 
 
 with God, and of his obtaining the forgiveness of sin ; and 
 that the only end of punishment is the reformation of the 
 offender," I honestly declare I had no such intention in 
 those passages. And that this is really so, may be further 
 confirmed from this certain fact, that this sermon, which 
 is now printed, was only one sermon enlarged out of eight 
 or nine delivered from the same text, at the same time 
 this sermon was first preached, when I spoke at consider- 
 able length on the doctrine of the intercession of Jesus 
 Chi-ist. Besides, it is well known to the Presbytery of 
 Irvine, that I preached regular courses of sermons on the 
 particular doctrines of Christianity in my own congrega- 
 tion, as well as J frequently preached abroad on the same 
 subjects, as occasion offered. And as I have already sub- 
 scribed the Confession of Faith, where these doctrines are 
 taught in the strongest manner, as the confession of my 
 faith, I am still willing*to do the same again." 
 
 On the 21st, the committee reported to the Assembly, 
 *' That having considered the sermon, and particularly 
 the passages thereof chiefly excepted against ; and having 
 read and considered the remarks of the Presbytery of 
 Glasgow, and the Professor's answers to the same ; and 
 having heard the parties, and received and considered a 
 paper, voluntarily offered by the Professor, explaining him- 
 self further on the occasion of the sermon, and on the sub- 
 ject of the passages excepted to ; and again called the 
 parties, and read that declaration in their presence, and 
 heard the members of the Presbytery of Glasgow there- 
 upon ; — are of opinion. That the Professor has given 
 abundant satisfaction concerning the orthodoxy of his 
 sentiments, and that there is no ground or occasion re- 
 maining for any farther trial of the said Professor in re- 
 spect of that sermon ; and that the Presbytery of Glasgow 
 be prohibited to commence or carry on any further or 
 other proceedings against the Professor on account of that 
 sermon." — Which was agreed to by the Assembly, with- 
 out a vote, with this explanation, " That by the expres- 
 sions in the narrative, viz. * and particularly the passages 
 chiefly excepted against,' no more was intended by the 
 committee, (as by several members thereof was declared), 
 nor is intended or meant by this Assembly, in approving 
 their overture above inserted, than that the committee, 
 and thereafter the Assembly, considered the passages in 
 
1744.] ACT AGAINST SMUGGLING. 61 
 
 the said sermon that had been remarked upon by the said 
 Presbytery of Glasgow, and another passage taken notice 
 of by some members of the committee of Assembly; but 
 not that either the committee or the Assembly had read 
 over or considered the whole of that sermon." This sen- 
 tence being intimated to the parties, Professor Leechman 
 took instruments, and the members from tlie Presbytery 
 of Glasgow, appellants, declared their acquiescence.* 
 
 Act appointing Presbyteries to keep separate records, 
 for inserting particulars relating to the scheme for a pro- 
 vision for ministers' widows, &c. 
 
 Act and recommendation against the sinful practice of 
 smuggling of goods, and appointing the Acts of 1719 and 
 1736 to be read from the pulpits of all the parish churches 
 within Scotland, betwixt and the 1st of August.f 
 
 The appeal of the Earl of Cromarty, and others of the 
 parish of Lochbroom, from a sentence of the Presbytery 
 of Gairloch, delaying to give judgment upon a call by the 
 said parish, to Mr. James Robertson, probationer, to be 
 their minister, heard, with a representation by the said 
 
 * Mr. Bohe published an appendix to the pamphlet mentioned at p, 46, 
 " vindicating the Act passed by the Assembly in this affair." Mr. Willisons 
 *' Fair and Impartial Testimony unto the laudable principles^ wrestlincis 
 and attainments of the Church of Scotland, ' Hppeared in this year (1744), 
 and contains a Postscript on the subject of Professor Leecbman's Sermon oa 
 Prayer. 
 
 f During the course of this year, resolutions were entered into by most 
 of the counties and towns, and by many of the parishes in Scotland, against 
 the use of French wines and spirits, and against Foreign tea. The heritors 
 of East Lothian set the example, complaining " that a luxurious and expen- 
 sive way of living has shamefully crept in upon all ranks of people, who, 
 neglecting the good and wholesome produce of our own country, are got 
 into the habit of an immoderate use of French wines and spirits ;" as also 
 " that the drinking of tea, and especially among the people of lower rank, 
 has arrived at an extravagant excess to the hurt of private families, by loss 
 of their time, increase of their expense, and negligence of a diet more'suit- 
 able to their health and station." The example set by the parish of Swin- 
 ton, of subjecting themselves to penalties in case of anv breach of their reso- 
 lutions, was followed by the barony of Brisbane, and by William Fullarton 
 of Fullarton, E-^q. and bis vassals and tenants. These last, in their bond, 
 speak of the use of tea thus: — '< We, being all farmers by profession, think 
 it needless to restrain ourselves formally from indulging in that foreign and 
 consumptive luxury called tea ; for when we consider the slender constitu- 
 tions of many of higher rank, amongst whom it is most used, we conclude, 
 that it would be but an improper diet to qualify us for the more robust and 
 marily parts of our business ; and therefore we shall only give our testimony 
 against it, and leave the enj;iyment of it altogether to those who can afford 
 to be weak, indolent and useless." 
 
62 ANNALS OF THE ASSEMBLY. [1744. 
 
 Presbytery to the Assembly, containing a summary of 
 their proceedings in this affair ; and the Assembly unani- 
 mously sustained the foresaid call, and appointed the 
 Presbytery of Gairloch, to proceed to his trials and set- 
 tlement, as minister of the said parish, and for that end, 
 to meet at Lochcarron, upon the 28th of June next, and 
 begin to take his trials, and carry it on with all convenient 
 dispatch; and in case of their refusal, or delaying to pro- 
 ceed, the Commission is empowered to cognosce and 
 finally determine, in any appeal, reference or complaint, 
 that may be brought before them from the said Presby- 
 tery, touching, or that may affect the foresaid trials and 
 settlement, and if they see cause, to appoint the ministers 
 of the Presbytery of Taine and Dingwall, or any five of 
 them, to take the regular steps towards, and make effec- 
 tual the foresaid settlement.* 
 
 The sentence of the Presbytery of Cupar, rejecting a 
 call of the heritors and others of the parish of Collessie, 
 to Mr. John Mathie, probationer, to be their minister, 
 and sustaining a call by others of that parish, to Mr. 
 George Simpson, probationer, reversed ; and the call to 
 Mr. Mathie sustained. 
 
 Report of the Committee, appointed to consider the 
 Act of Parliament for a provision to the widows and chil- 
 dren of ministers, brought in ; and agreeable thereto, the 
 Lord Advocate being present, received the thanks of the 
 Assembly, for the great pains and trouble he had taken 
 in preparing the bill for the said Act, and carrying it 
 througli the House of Commons ; and the Moderator was 
 appointed, in the Assembly's name, to write letters of thanks, 
 
 * For some interesting anecdotes of Mr. Robertson, who became rather 
 famous in his day, see the New Statistical Account of Scotland, No. XII, 
 p. 79. He was a native of Atbole, and having been recommended by the 
 Duke of Athole to the E irl of Cromarty, h id been by him presented to 
 Lochbroom, on the translation of Mr. Ross to Fearn. The Presbytery, how- 
 ever, had preferred Mr. JNJuckenzie (in the exeicise, it is alleged by Dr. 
 Ross, of the jus devolufum), but on his rejection by the Assembly 174'3, the 
 wav was npeiifnr Mr. Ruhertson — See above, pp. S6, 41. He was present 
 in the church of Fearn when the roof fell in (as described in the note at 
 p. 41), and "seeing the lintel ready to give way, he placed his shoulder un- 
 der the end of it, and stood in that position till as many of the people as 
 could move escaped." For this extraordinary feat of strength he was always 
 afterwards called "Am Ministeir liiidir" — the strong minister. The 
 grosser delinquencies of his seini-barbarous p irishioners he often punished 
 with the weight of his tremendous arm, as well as with more spiritual wea- 
 pons. 
 
1744.] OFFICERS OF THE WIDOWS* FUND. 63 
 
 to the Right Hon. the Lord High Chancellor of Great 
 Britain, and to the Right Hon. the Speaker of the House 
 of Commons,* for their countenance and favour, at pass- 
 ing the said bill through both Houses. 
 
 Messrs. Bobert Wallace and George Wishart, Commis- 
 sioners sent to London, to solicit the obtaining of the said 
 Act of Parliament, were thanked for their faithfulness and 
 diligence therein. 
 
 The Rev. Mr. Alexander Webster, one of the ministers 
 of Edinburgh, being present, received the thanks of the 
 Assembly, for the extraordinary pains and trouble taken 
 by him, in the rise and progress of the scheme. 
 
 The sum of £500 laid out by the Commissioners sent 
 to London to solicit the application for the Act of Parlia- 
 ment, anent a Wtdoics Fund, (including their personal 
 charges) declared to be a debt upon the Church's public 
 fund? and an order made for payment thereof, with inter- 
 est from Candlemas last, to the said Commissioners or 
 their order, as money comes in. 
 
 The opinion of a committee, that the trustees of the 
 Widoivs Fund have not power to receive Mr. James 
 Glasgow, minister in the Castle of Edinburgh, as a contri- 
 butor to the scheme, agreed to. 
 
 The draught of a bond to be granted by the person to 
 be chosen Collector of the fund for a provision to the 
 ministers' widows, agreed to ; and three of the gentlemen 
 proposed for that office, having desired to withdraw their 
 names as candidates, the Assembly did nominate and elect 
 Mr. James Stewart, Attorney in Exchequer, to be Col- 
 lector-General. 
 
 Act approving of the choice, made by the trustees of 
 the Widows' Fund, of Robert Macintosh, Sub- Clerk to 
 the General Assembly, as their Clerk. 
 
 Heard a petition of John Vans of Barnbarroch as pa- 
 tron, and other heritors, and others of the parish oi Kirk- 
 cowan, callers of INJr. John Hart, probationer, to be minis- 
 ter of that parish, tabling certain appeals from the Synod 
 of Galloway ; and another petition of other heritors, elders 
 
 * The Lord Advocate at this period was Robert Craigie, Esq. of Glen- 
 doig, (afterwards Lord President.) He had been appointed to succeed 
 Charles Erskine, Esq. of Tinwald, on the fall of the Walpole Ministry, and 
 was M.P. for the Dornoch District of Burghs, and one of the Elders from 
 the Presbytery of Perth. Lord Hardwicke was Chancellor, and Onslow, 
 Speaker of the Commons. 
 
 f2 
 
64 ANNALS OF THE ASSEMBLY. [1744. 
 
 and otlierg, of the said parish, callers of Mr. Robert Hun- 
 ter, probationer, to be their minister; the Assembly af- 
 firmed the sentence of the Synod of Galloway, in so far 
 only as it affirms the sentence of the Presbytery of Wig- 
 toun, sustaining- the call to the said Mr. Robert Hunter, 
 and they appointed the said Presbytery to proceed to his 
 trials and settlement, as minister of Kirkcowan, accord- 
 ing to the rules of this Church. 
 
 The sentence of the Synod of Aberdeen, sustaining the 
 call of the parish oi Rain to Mr. John Mair, minister at 
 Forbes, to be their minister, affirmed ; and the Presbytery 
 of Garioch appointed to proceed in all the proper steps 
 towards his transportation and settlement, as minister of 
 the said parish of Rain. 
 
 The committee on the PsalmGdy ( 1 742) is re-appointed 
 with additions. 
 
 The report of the committee appointed to consider re- 
 presentations concerning the sUite of Popery in the North 
 brought in, and letters ordered to the Lord Lovat to in^ 
 terpose for suppressing the IVIass-houses in Strathglas, 
 and to the laird of Lochiel for his countenance. 
 
 The report of the committee for overtures brought in, 
 reciting an instruction from a Presbytery, touching some 
 aspersions cast upon this Church, as if she had given up 
 with all the fundamental doctrines of Christianity, and 
 therefore proposing that certain Acts of Assembly against 
 the Marrow of Modern Divinity, and with respect to Pro- 
 fessors Simson and Campbell, and the 7th Act of Assem- 
 bly, 1736, about the method of preaching, be printed : 
 And the Assembly recommended to the several Sessions 
 to buy the Acts of Assembly, and read such of them as 
 are of public concern in their meetings of Session. 
 
 The Overture and Interim Act about licensing proba- 
 tioners, transmitted last year to Presbyteries, continued. 
 
 Recommendation to Presbyteries, for time to come, to 
 take care that all Commissions be in due form according 
 to the Acts of Assembly. 
 
 The appeal of the Lord Salton, and others, of the parish 
 of Pitsligo, from a sentence of the Synod of Aberdeen, 
 appointing the Presbytery of Deer to proceed to the set- 
 tlement of Mr. William Innes, as colleague and successor, 
 to Mr. WiUiam Mercer at Pitsligo, heard, and the said 
 sentence reversed. 
 
 J 
 
1744.] MISCELLANEOUS BUSINESS. 65 
 
 The appeal of his Grace the Duke of Douglas, patron 
 of the parish of Robertoji, from a sentence of the Synod 
 of Glasgow and Ayr, affirming a judgment of the Presby- 
 tery of Lanark, refusing to proceed to the trials and settle- 
 ment of Mr. William Nimmo, probationer, to be minister 
 of the parish of Roberton, heard; and the Assembly finding 
 that the jus devolutwn of settling the said parish, did fall 
 in the hands of the Presbytery there; (the patron having 
 failed to present a qualified person, duly accepting, within 
 six months of the vacancy,) therefore the said sentences of 
 the Synod and Presbytery are affirmed, and the Presby- 
 tery appointed to proceed to the settlement of the said 
 parish, according to the rules of this Church. 
 
 An appeal of John Robertson of Boghall, and other 
 elders of the parish of Baldernock, from the sentence of 
 the Synod of Glasgow and Ayr, affirming a judgment of 
 the Presbytery of Dumbarton, refusing to receive an ac- 
 cusation, by the Kirk-session of Baldernock, against Mr. 
 John Colquhoun, probationer, then on trials before the 
 Presbytery, in regard it was not offered in form of a libel 
 against him, heard ; as also a petition of heritors of that 
 parish, complaining of the Presbytery, for not proceeding 
 to Mr. Colquhoun's settlement at Baldernock ; and the 
 said sentence of the Synod is affirmed and the Presbytery 
 of Dumbarton appointed to proceed to Mr. Colquhoun's 
 settlement, as minister of Baldernock, according to the 
 rules of this Church ; and his edict appointed to be return- 
 ed to the Presbytery fifteen free days before the day to 
 he fixed for his ordination and admission. 
 
 An appeal of heritors, elders, and heads of families, of 
 the parish of Parton, callers of Mr. John Crockat, pro- 
 bationer, to he their minister, from a sentence of the Synod 
 of Galloway, affirming a judgment of the Presbytery of 
 Kirkcudbright, sustaining a notorial call, by others of that 
 parish, to Mr. William Clerk, probationer, to be their 
 minister, referred to the Commission. 
 
 A petition of the printers to the Church, complaining, 
 That of 500 copies of the Acts of Assembly, printed yearly, 
 for 20 years past, scarce one half of them are disposed of, 
 referred to the Commission. 
 
 A recommendation to Presbyteries, wdio apply for any 
 part of the royal bounty, to send up distinct accounts of 
 the extent, circumstances, and number of Papists in their 
 respective parishes. f 3 
 
66 ANNALS OF THE ASSEMBLY. [1745. 
 
 The Moderator appointed to sign a copy of the records 
 of the General Assembly 1735, and 1736, whereof the 
 now deceased Mr. Alexander Anderson, and Mr.Lauchlan 
 Macintosh, were Moderators. 
 
 Protestation admitted at the instance of the Presbytery 
 of Dumbarton, against Mr. Robert Yates, late minister at 
 Old Kilpatrick^ for not insisting in his appeal, from a sen- 
 tence of the said Presbytery, deposing him from the office 
 of the holy ministry, and the said appeal declared to be 
 void and null. 
 
 May 2\st. The General Assembly was concluded with 
 prayer, and singing a part of the 72d Psalm, from the 17th 
 verse to the close, and pronouncing the blessing. 
 
 1745. 
 
 The Assembly met on the 9th of May. The Earl of 
 Leven represented the King ; and Dr. William Wishart, 
 Principal of the College of Edinburgh, was chosen Moder- 
 ator.* 
 
 By the report of the trustees for managing the fund 
 for ministers widows, &c. it appears, That there are 942 
 benefices in the Church, and 69 offices in the Universities ; 
 that, at Martinmas 1744, there were 897 Church-benefices 
 full and 45 vacant, and 65 offices in Universities full and 
 4 vacant ; that 818 Ministers and Professors have become 
 subjected to the following annual taxes, viz. 31 to £2 12s. 
 6d., 201 to £3 18s. 9d., 338 to £5 5s., and 248 to £6 lis. 
 3d ; that, between the 25th of March, 1744, and Martin- 
 mas, 16 Ministers and Professors died, and 6 widows and 
 1 family of children came upon the fund, who will be en- 
 titled to draw as follows at Martinmas 1746, viz. one 
 widow £15, four £20 each, and one £25, all per annum^ 
 and the family of children £150 in full; and that on or 
 before the 14th May, 1745, £7380 was ordered to be lent 
 to contributors, at £30 each, in part of the capital to be 
 made up. 
 
 * The sermon was (as u<ual) preached by the former Moderator, Mr. 
 Adams, who since last year had been transported from Dairy mple to Falkirk. 
 
1743.J ELECTION OF A PRESBYTERY-ELDER. 67 
 
 The General Assembly considering how much it is for 
 the honour of GOD and edification of the Church, that all 
 ministers and preachers of the gospel, be persons of good 
 life and character, do earnestly recommend to, and enjoin 
 all Presbyteries to take care, that all ministers behave 
 themselves as becomes their character ; and to be strict 
 in adverting, that young men whom they license to preach 
 the gospel, be persons of good report, and carefully observe 
 their behaviour after they are licensed ; they do also ap- 
 point. That the rules of the Form of Process, chap. 7, 
 with respect to informations against ministers of this 
 Church, be extended to probationers,^ 
 
 The absence of Mr. William Grant (the Principal 
 Clerk) for two days, is excused, and his deputation of Mr. 
 Andrew MacDoual, Advocate, to officiate for him as 
 Clerk, until his return, is agreed to. 
 
 The Assembly heard the report of the committee for 
 revising Commissions transmitted from the committee for 
 overtures, concerning the election of a Ruling Elder to t\\\s 
 Assembly, from the Presbytery of Garioch, mentioning a 
 Commission by them to the ministers therein-named, and 
 Thomas Dundas, their ruling elder ; and also a Commis- 
 sion by certain ministers, and one ruling elder, thereto 
 subscribing, to the Lord Drummore, as ruling elder to 
 represent them in the Assembly ; and stating that though 
 the Commission to Mr. Dundas is every Avay formal, yet it 
 appears, there was a protest taken at the election, and an 
 appeal and complaint thereafter taken to this Assembly, 
 against the Presbytery's judgment, rejecting the vote of 
 an elder at the election of the said Commissioners. Heard 
 also two petitions, the one of seven ministers and two 
 elders, mentioning that the said ministers and one elder 
 liad voted for Lord Drummoie, and that other seven 
 ministers had voted for Mr. Dundas, and by having laid 
 aside the vote of the said ruling elder, the Moderator had 
 given his casting vote for Mr. Dundas, and declared him 
 duly elected, against which protests were taken. The 
 other petition for the said IMr. Dundas and several minis- 
 ters, complaining of Mr. John Likly's sitting and voting 
 in Presbytery, though he is only his father's assistant, as 
 
 • This last clause was next year transmitted as an overture to Presby- 
 teries. 
 
68 ANNALS OF THE ASSEMBLY. [1745. 
 
 minister of Old Meldrum ; (which parish is said to 
 have been disjoined from the Presbytery of Garioch, and 
 annexed to the Presbytery of Ellon ;) and after reasoning, 
 the Assembly found the complaint against the election of 
 Mr. Dundas, is properly brought before them ; and then 
 upon a question, it carried not to sustain his election. 
 After which the Assembly did find the Lord Druramore 
 duly elected a member from the Presbytery of Garioch, 
 and ordered that his name be enrolled in place of Mr. 
 Dundas. 
 
 An appeal of heritors, elders and others, of the parish 
 of Menmuir^ callers of the Rev. Mr. George Blair to be 
 their minister, from a sentence of the Synod of Angus 
 and Mearns, sustaining a presentation from the crown, 
 and a call of others of the said parish to Mr. George 
 Ogilvie, minister of Cortachy, to be their minister, heard, 
 and the said Synod's sentence affirmed, and the Presby- 
 tery of Brechin appointed to proceed with all convenient 
 dispatch to carry on a process for Mr. Ogilvie's transpor- 
 tation and settlement as minister of Menmuir, according 
 to the rules of this Church. 
 
 A petition of Sir Tliomas Wallace of Craigie, patron, 
 and of the heritors, elders, and heads of families, of the 
 parish of Craigie^ callers of Mr. George Bannatyne, pro- 
 bationer, to be their minister : tabling an appeal from a 
 sentence of the Synod of Glasgow and Ayr, reversing a 
 judgment of the Presbytery of Ayr, refusing to hear a 
 memorial oflPered to them by Mr. Wallace of Cairnhill, 
 containing objections against their proceeding to the said 
 Mr. Bannatyne's trials and settlement as minister of 
 Craigie, read ; and their being another appeal by Cairn- 
 hill, against the Synod's refusing to proceed to hear iiis 
 said memorial themselves, but remitting it to the Presby- 
 tery, to be judged of by them, agreed instantly to be dropt: 
 The Assembly considering, that Mr. Bannatyne had an 
 undoubted presentation, and a good call from the parish, 
 who still adhere to him, did reverse the sentence of the 
 said Synod of the tliird of October last, which reversed 
 the judgment of the Presbytery of Ayr, refusing to take 
 in Cairnhill's memorial, and resolved to proceed to take steps 
 towards Mr. Bannatyne's settlement at Craigie, before hear- 
 ing objections against him, together with that which in con- 
 sequence of this former Act they passed on the fourth of 
 
 J 
 
1745.] SETTLEMENT OF MOFFAT. 69 
 
 October, remitting Carnhill's memorial to the Presbytery 
 of Ayr, appointing- them to take it before them, read, 
 judge, and determine anent it; and the said Presbytery 
 of Ayr is appointed to go on with Mr. Bannatyne's trials; 
 and that after these are finished, his edict be served and 
 returned to the Presbytery, before the day for his ordina- 
 tion be appointed, that if, on the day of the return of the 
 edict, any objection be offered, which is contained in the 
 process already discussed by the Synod of Glasgow, no 
 regard be had thereto ; and if any new objections be of- 
 fered, that they be not received, unless they are offered 
 to be instantly verified, or a libel subscribed by the objec- 
 tors, containing a list of witnesses. And the Commission 
 is empowered to receive, cognosce, and finally determine 
 in any reference, appeal, or complaint, that shall be regu- 
 larly brought before them, touching the trials or settlement 
 of the said Mr. Bannatyne, in the parish of Craigie ; but 
 so as not to overleap the Synod, in case a meeting thereof 
 intervene. 
 
 A petition of Mr. William Auld, minister at Mauch- 
 line, tabling an appeal from a sentence of the Presbytery 
 of Ayr, finding him guilty of great imprudence, in throw- 
 ing out a story affecting the character of a brother, and 
 ordering, that he be admonished, to be more cautious for 
 the future : With another petition of Mr. Patrick Wod- 
 row, minister at Tarbolton, a member of the said Presby- 
 tery, praying leave to lay the case above-mentioned fully 
 before this Assembly, that they may give judgment there- 
 anent, read, and the said affair dismissed ; and the Assem- 
 bly recommended to the brethren of the said Presbytery 
 to bury their differences in oblivion, and to live henceforth 
 in brotherly love and friendship. 
 
 Upon a petition of the Commissioners from the Presby- 
 tery of Cupar, the Assembly authorised that Presbytery 
 in filling up their records, not to insert their proceedings, 
 had in an affair concerning Mr. George Boes, minister at 
 Cupar, provided all parties concerned, give their consent 
 thereto. 
 
 A complaint of Thomas Moffat, Matthew Allan, and 
 other heritors and elders of the parish of Moffat, against 
 a sentence of the Commission of the last General Assem- 
 bly, reversing a judgment of the Synod of Dumfries, in a 
 trial touching the character of Mr. Edward Johnston, 
 
70 ANNALS OF THE ASSEMBLY. [1745. 
 
 probationer ; and appointing the Presbytery of Lochma- 
 ben, to proceed to his settlement as minister of MoiFat, 
 read : As was also an appeal of the Marquis of Annandale, 
 and others of the said parish, promoters of Mr. Johnston's 
 settlement, from the said Presbytery's resolutions, not to 
 proceed to obey the Commission's said sentence, until the 
 meeting of this General Assembly; and the Assembly 
 found the Commission did not exceed their powers, and 
 therefore dismissed the said complaint ; and found the 
 Presbytery not censurable, in delaying to obey the Com- 
 mission's sentence, in respect of the then circumstances of 
 the case ; but do now appoint the said Presbytery to pro- 
 ceed, in obedience to the said sentence of the Commission, 
 to the trials and settlement of the said xMr. Edward John- 
 ston, as minister of Moffat, with all convenient dispatch, 
 according to the rules of this Church. 
 
 A committee appointed to converse with the members 
 from the said Presbytery of Lochmaben, and endeavour 
 to remove their difficulties in proceeding to the said settle- 
 ment of Moffat. And on their report, the Presbytery, or 
 such of them as shall be ivilling, are appointed to execute 
 the sentence passed by the Commission of the late As- 
 sembly in November and March last, with respect to 
 the settlement of the parish of Moffat; and the Com- 
 mission instructed to cognosce and tinally determine in 
 any question, that shall be brought before them relating to 
 that settlement. 
 
 The Act 4th, Assembly 1706, ActlGth, Assembly 1707, 
 Act 15th, Assembly 1708, with the appointment of the 
 Assembly 1742, pointed out by the committee named to 
 inspect the records for precedents, with respect to the 
 Assembly's authorising translations or paraphrases of pas- 
 sages of scripture to be used in public, read; with the col- 
 lection of passages of scripture translated into verse, pre- 
 pared by the committee named by last Assembly, and re- 
 vised by the committee appointed by this Assembly; and 
 a committee appointed to prepare an overture on the terras 
 on which the said collection may be transmitted to Pres- 
 byteries. 
 
 Overture on the terms upon which the collection of 
 passages of scripture translated into verse^ may be trans- 
 mitted to Presbyteries, agreed to, after some amendments. 
 The tenor is as follows : — The Assembly had laid before 
 
1745.] ACT AXENT DISJUNCTIONS. 71 
 
 them by their committee, some pieces of Sacred Poesy, 
 under the title of " Translations and Paraphrases of several 
 passages of Sacred Scriptnre," composed by private persons; 
 and though the Assembly have not sufficient time to con- 
 sider these poems maturely, so as to approve or disapprove 
 of them, yet they judge the same may be printed; and 
 do remit the consideration of them to the several Presby- 
 teries, in order to their transmitting their observations to 
 the next General Assembly; that they or any subsequent 
 Assembly, may give such orders about the whole aifair, 
 as they shall judge for edification ; and the Assembly ap- 
 point this their resolution to be prefixed to the impression. 
 
 The draught of an Act, with the specimen of certificates 
 to be granted by Presbyteries to ministers' widows and 
 children ; and of the manner of keeping their separate re- 
 cords, brought in by the committee named to consider 
 the representation of the trustees for managing the fund 
 for a provision to ministers' widows. Sec, approven. 
 
 A report and overture of the committee appointed to 
 consider the case of the parish of Boberfon, brought in, 
 and, after some amendments, approven, — bearing, that 
 considering the circumstances of the case,* it would not 
 be expedient to proceed to an immediate decision tbereof; 
 and, therefore, that the consideration thereof should be 
 delayed till the next General Assembly, leaving the cause 
 open as it now stands ; and appointing the Moderator to 
 write a letter to his Grace the Duke of Douglas, to assure 
 him of the great respect this Church has for him and his 
 noble family ; and desiring his Grace to do all that lies in 
 his power to relieve the parish of Roberton, and Presby- 
 tery of Lanark, from the hardships they at present labour 
 under, and to make way for a peaceable and comfortable 
 settlement of the said parish ; and Messrs. Baillies, elder 
 and younger of Hardingtoun, heritors of the said parish, 
 being present, were exhorted also to concur in so good 
 and laudable a design. 
 
 Petition of Mr. John Likly, assistant- minister of Old 
 3Ieldrttm, craving the Assembly would consider an Act 
 said to be passed by the Synod of Aberdeen, disjoining 
 the said parish from the Presbytery of Garioch, for a 
 
 * There were competing calls— one to Mr. Wm. Niramo, the other to 
 ISIr. John Rodger. — See under last year. 
 
72 ANNALS OF THE ASSEMBLY. [1745. 
 
 certain time, and annexing it to the Presbytery of Ellon ; 
 and determine to what Presbytery the said parish shall 
 henceforth belong, — referred to the said Synod of Aber- 
 deen, at their first meeting, to consider and determine the 
 affair ; and in case any difficulty arise, that the same be 
 decided by the Commission.* 
 
 In consequence of the last-mentioned case, there- was 
 passed an Act prohibiting Synods to disjoin any parish 
 from a Presbytery, and annex the same to another, w^ith- 
 out first having the authority of the General Assembly. 
 
 A petition and appeal of Mr. David Blair, minister of 
 Brechin, and of heritors, elders, and others of that parish, 
 callers of Mr. George Aitken, one of the ministers of 
 Montrose, to be second minister of Brechin, from a sen- 
 tence of the Synod of Angus and JMearns, sustaining a 
 call to Mr. James Fordyce,-]- probationer, to be minister 
 of the said town and parish, heard, and the said Synod's 
 sentence affirmed ; and the Presbytery of Brechin, or such 
 of them as shall be willing, appointed to proceed with all 
 convenient dispatch to the trials and settlement of the said 
 Mr. Fordyce, as minister of Brechin, according to the rules 
 of this Church. 
 
 A committee is appointed to converse with Mr. Blair, 
 minister of Brechin, in order to remove any difficulties he 
 may be under, with relation to the settlement of xVlr. For- 
 dyce, as second minister of Brechin. 
 
 It being remarked by the committee for revising Com- 
 missions that there were only twelve charges in the Pres- 
 bytery of Stirling, till a third minister was settled in the 
 town of Stirling, — which settlement entitled that Presby- 
 tery to send three ministers' commissioners to the General 
 Assembly ; but, it is informed, they claim to be exeemed 
 from payment of the tax due to the VYidows' Fund, out 
 of that vacancy of third minister in said town — the As- 
 sembly enjoin the Presbytery of Stirling to take all pro- 
 per care to preserve the erection of a third minister in the 
 town of Stirling, and the Synod to give them their advice 
 
 * Old iMeldrum continued to belong to the Gdrioch Presbytery. The 
 t\hole seems to have been a manoeuvre to secure the election of Dundas as 
 Eider to the Assembly — Seep. 67. 
 
 f Afterwards minister of Alloa, and (in 1762) of Monkwell Street 
 Chapel, London ; author of " Sermons to Young Women," &c. He died at 
 Bath in 1796. 
 
1745.] MISCELLANEOUS BUSINESS. 73 
 
 and assistance in that matter ; and if the said erection 
 fails, and is no more to take place, the Presbytery are cer- 
 tified that, in all time coming, they are only entitled to 
 choose two ministers as their representatives to the Gen- 
 eral Assembly. 
 
 The sentence of the greater excommunication passed by 
 the Presbytery of Biggar, on James Rammage and Janet 
 Mackie, in the parish of Glenholm, and Presbytery of 
 Biggar, who were guilty of a relapse in adultery with one 
 another ; and each of them having been twice guilty of 
 fornication with other persons ; appointed to be intimated 
 from the pulpits of all the churches within Scotland. 
 
 Petition and complaint of heritors, elders, and heads of 
 families of the parish of South Uist,* against the Presby- 
 tery of Uist, for their proceeding to the settlement of 
 Mr. John MacAuley, as minister of South Uist, notwith- 
 standing of a presentation from the crown, in favours of 
 Mr. Neil MacLeod, probationer, to be minister of that 
 parish duly accepted by him, and concurred with by the 
 petitioners, with an appeal from the said Presbytery's 
 sentence, laying aside the said presentation, read; and 
 the settlement of the said Mr. MacAuley, as minister of 
 South Uist, reversed ; and the Presbytery of Uist, in con- 
 junction with the Presbytery of Skye, appointed to pro- 
 ceed to take trials of the qualifications of the foresaid Mr. 
 Niel MacLeod, in order to his settlement as minister of 
 South Uist. 
 
 Reference from the Presbytery of Lanark, for advice 
 concerning persons falling under scandal in parishes, and 
 refusing to submit to discipline, because they allege they 
 are not obliged, being of the Society called Seceders, re- 
 ferred to the Commission. 
 
 Upon a representation, that Lord John Murray, Colo- 
 nel of the Highland regiment in his Majesty's service, in- 
 clines to have a chaplain of the communion of this Church, 
 having the Irish language, who must soon be ordained for 
 that office ; and that Mr. Adam Ferguson,-}- student in 
 divnnity, son to the minister of Logierait, in the Presby- 
 tery of Dunkeld, is pitched upon for that purpose ; the 
 
 * Dr. Lee's account of this curious case will be found under next year. 
 
 \ This was the celebrated Dr. Adam Ferguson, afterwards Professor of 
 Moral Philosophy in the University of Edinburgh. Mr. MacLaggan was 
 minister of Little Dunkeld. 
 
74 ANNALS OF THE ASSEMBLY. [1745. 
 
 General Assembly, in respect of the ample certificates 
 given of the said Mr. Ferguson's capacity and good cha- 
 racter, and of the peculiar circumstances of the case, re- 
 mitted to, and appointed the Presbytery of Dunkeld, to 
 take him upon trials ; and, in case they find him qualified, 
 to ordain him, on his passing his first trials: And Mr. 
 MacLaggan is ordered to return thanks to Lord John 
 •Murray for his good disposition towards this Church, and 
 the interest of religion. 
 
 The Act and Overture about the manner of licensing 
 probationers transmitted again to the consideration of the 
 several Presbyteries. 
 
 Two several appeals of heritors, elders, and others, of 
 the parish of Barr, the one callers of Mr. Robert Fisher, 
 probationer, and the other of heritors, elders, and others, 
 callers of Mr. James Young, probationer, to be minister 
 of the said parish, from a resolution of the Presbytery of 
 Ayr, passed the 2d May instant, finding difficulties to pass 
 any sentence in the cause, and referring the whole to the 
 decision of this Assembly, heard ; and both calls laid aside, 
 and the Presbytery of Ayr appointed to proceed towards 
 the planting of the said parish, according to the rules of 
 this Church. 
 
 The report of the visitors of the Synod-book of Angus 
 and Mearns offered, but none of the members from the 
 said Synod being present, the Assembly refused to cause 
 attest their book, and declared their dissatisfaction with 
 the brethren, members of the said Synod, for their non- 
 attendance on the Assembly's diets. 
 
 May 20fh. The Assembly w as concluded with prayer, 
 and singing a part of the 122d Psalm, from the 6th verse 
 to the close, and jDronouncing the blessing. 
 
 COMMISSION MEETING IN NOVEMBER. 
 
 In the interval between the meeting of the Assembly 
 in May, and that of the Commission in November, the 
 Rebellioji of 1745 broke out. Priirce Charles Edward 
 liad obtained possession of Edinburgh, and gained the de- 
 cisive battle of Preston pans. The rebel army left Edin- 
 burgh, on its way soutli, at the beginning of November ; 
 
1745,] WARNING AGAINST THE REBELLION. 75 
 
 and about a fortnight after (November 13th) the Com- 
 mission of the Assembly held its usual Quarterly Meet- 
 ing.* They immediately presented an address of loyalty 
 and attachment to King George ; and upon the 15th Nov. 
 (the same day on which Carlisle surrendered to the rebels) 
 they issued the following 
 
 WARNING AND EXHORTATION.f 
 
 *' The Commission of the General Assembly of the 
 Church of Scotland, considering, that a wicked and despe- 
 rate rebellion is raised and carried on in these kingdoms, 
 against our only rightful and lawful sovereign King George; 
 and with an intent to subvert our present happy Estab- 
 lishment, by setting a Popish pretender on the throne, 
 educated in all the maxims of Popish superstition and 
 French tyranny, judge it our indispensable duty, as ap- 
 pointed by our great Lord and Master to watch for tlie 
 souls of men, and in pursuance of the trust committed to 
 us by the General Assembly to watch over the concerns 
 of this Church, to give faithful and public warning to 
 the people under our care, of the imminent danger with 
 which every thing valuable to us, as we are men and 
 christians, is evidently threatened. We therefore do ear- 
 nestly obtest all Protestants, all lovers of our religion, 
 liberty, and native country, to beware of the delusive arts 
 which Romish emissaries from abroad, and the enemies of 
 our constitution at home, have industriously and indefa- 
 tigably used to destroy that glorious structure, which our 
 gracious God reared up at the revolution, by King William 
 of immortal memory. 
 
 " Specious declarations are made, by the pretender and 
 his son, of secuiing to British Protestants their religion 
 and liberties, but they are made by the sons of a church, 
 whose known principle and practice is, never to keep faitli 
 with heretics, (and such she reckons all Protestants) ; a 
 church which never omitted an opportunity of destroying 
 all those who separated from her, when it was in her 
 
 ♦ On the same day, the Lord Justice Clerk, and other judges and officers 
 of the Justiciary Court, returned to Edinburgh, and resumed their functions. 
 But the Court of Session was adjourned by Act of Parliament, from the Ist 
 Nov. 1745, to the 1st June 1746. A chronicler of the day says, that " it 
 eat down the 3d of June, to the great joy of the whole nation, " 
 Z t The notes to this paper are all in the oiiginal document published by 
 the Commission, which is not, however, to be found among the printed Acts. 
 
 G 2 
 
76 ANNALS OF THE ASSEMBLY. [1745. 
 
 power. She considers them as the pests of human society, 
 from whose contagion she thinks herself obliged to deli- 
 ver the world. AVitness the treatment of John Huss and 
 Jerom of Prague,* and the barbarous massacres of Paris-j- 
 and Ireland.:): 
 
 " To strengthen this pretended securitj'-, a promise is 
 made to call a free Parliament, and to act always hy the 
 advice of Parliaments. But, can anything be more absurd, 
 than to imagine, that he wlio founds his title to govern 
 upon an hereditary and indefeisible right; that he who 
 considers the whole nation as his natural estate, and all 
 the members thereof as his property, will allow himself to 
 be restrained by any limitation, or have regard to any 
 thing but sole will and pleasure ? What authority can 
 laws have, when, notwithstanding the most notorious vio- 
 lations of them, this pretended right remains entire, and 
 not to be forfeited by any conduct whatsoever ? 
 
 " By these principles of indefeisible hereditary right and 
 arbitrary power, France and Spain are governed. These 
 are the principles the late King James pursued in his ad- 
 ministration. Notwithstanding the declaration he made, 
 immediately upon his accession to the throne, in the Eng- 
 lish Council and Parliament; (than which nothing can now 
 be devised stronger :) and notwithstanding the solemn en- 
 gagements he then came under to govern according to law ; 
 yet did he break through all these engagements. On 
 which accounts he justly foi-feited the crown. 
 
 " Have we not reason to think the pretender would do 
 the same ; who says in his declaration, that all who are 
 employed in the service of the present government cannot 
 but be sensible, that no engagement entered into with our 
 only rightful sovereign King George, whom he arrogantly 
 calls the iisurj^er, can dispense with the allegiance they 
 owe to their natural sovereign, as he vainly calls himself? 
 Can we then believe his declarations of establishing the 
 
 * Who were both l)urnt at C()n>tance, for what the Church of Rome 
 called heresy^ though the first of them had the solemn deed of the Emperor 
 for his safe passage to, aad return from thence : and the council of Con- 
 stance, then sitting, declares, that, notwithstanding the said safe conduct, 
 the church had a right to condemn him, and deliver him over to the flames. 
 
 \ Where, and in other cities of France, 30,000 innocents were murdered 
 in a very short time, without distinction of age, sex, or condition. At the 
 news of which slaughter, the court of Rome triumphed, and caused medals 
 to be struck for the perpetual memorial of it. 
 
 \ la which some hundred thousands of Protestants perished. 
 
1745.J WARNING AGAINST THE REBELLION. 11 
 
 Protestant religion, whose conscience is subject to a foreign 
 power ; and who is under prior engagements to his spiritual 
 sovereign, the Pope of Rome, to destroy it ? 
 
 " Though the pretender's son would seem to acknow- 
 ledge some miscarriages in former reigns, is it not evident, 
 that he treads in the steps of the late King James, by levy- 
 ing money in an arbitrary manner, as he did immediately 
 after his accession ? Has he not treated the country as a 
 conquered nation, by enforcing his exorbitant demands 
 with the threatening of military execution? If such 
 things are done whilst he courts a crown, what may we 
 not dread if he should be possessed of it ? 
 
 " What abuses might not be expected from the army 
 he employs to raise him to the throne ? a great part of 
 which is made up out of the barbarous corners of this 
 country ; many of whom are Papists, under the immediate 
 direction of their priests ; trained up to the sword, by be- 
 ing practised in open robbery and violence ; void of pro- 
 perty of their oivn; the constant invaders of that of others ; 
 and who know no law, but the will of their leaders. 
 
 " Whilst our most gracious sovereign treated them with 
 the greatest indulgence and clemency ; and did everything 
 to encourage them to honest labour, and to render them 
 useful to the country : and whilst, as a true father of his 
 people, he yearly bestowed a considerable sum, for instruct- 
 ing such of his subjects as live in places where ignorance 
 and Popery prevail, in the principles of true religion ; a 
 just share of which was bestowed for their instruction ; 
 they^ as restless disturbers, have risen in open rebellion 
 against their only lawful sovereign and bountiful benefac- 
 tor. 
 
 " But to complete our destruction, France and Spain, 
 the avowed enemies of our country, not only of our reli- 
 gion, but of our trade and commerce, are called in to their 
 assistance ; who, whilst they are preparing to invade us 
 at home, are distressing our trade abroad ; with whom we 
 are at open war, on the same principles on which the war 
 was waged in the reign of Queen Anne. The pretence 
 of calling in such dangerous allies, is the assistance given 
 us by the Dutch ; and said to be expected from Danes, 
 Hessians, and Swiss. Let it be considered that these are 
 Protestant states ; that the Dutch are obliged to assist us, 
 by treaty made for their and our safety ; that such aid was 
 G 3 
 
78 ANNALS OF THE ASSEMBLY. [1745. 
 
 called in, when our army was employed abroad in the 
 common cause of liberty ; and that, as this seems to be 
 the last effort to overthrow the Protestant religion, is it any 
 wonder Protestant powers should join together to defend 
 us ? Our interest, as to religion, is the same with theirs; 
 and the preservation of it depends upon the defeat of this 
 wicked design. , 
 
 " Of all wars, a civil war is the most dreadful ; in which 
 countrymen shed the blood of their countrymen, children 
 rise up against their fathers, and those of the same house 
 are divided against each other; laws are silent, justice 
 banished, and violence is unrestrained. Such is the dread- 
 ful war the rebels have kindled in this nation. 
 
 " If they should be defeated, as we trust in God they 
 shall, the^ may be ruined ; but Scotland is in no danger, 
 as they pretend it is who are already engaged in this 
 wicked attempt, that they may involve others in the same 
 pernicious scheme ; but, on the contrary, our country will 
 be preserved from ruin. Few have joined them on the 
 south side of Tay, notwithstanding their boasted victory 
 at Preston ; — the most considerable clans, in the west and 
 north country, continue faithful to their duty, and zealous 
 in defending the government ; — the great property of the 
 nation is in the interest of the King and government ; and 
 that of the rebels bears but a very inconsiderable propor- 
 tion to it. What then have the well-affected in Scotland 
 to fear ? — What may they not hope from a sovereign who 
 has been so mild to his enemies ? — And what can be the 
 effect of the destruction of Jacobitism, but the security of 
 our religion, the establishment of our peace, and the in- 
 creasing the value of our property. 
 
 " Loud complaints are made of insufferable grievances 
 and encroachments upon our liberties, under the benign 
 administration of our most gracious sovereign — to redress 
 which is the pretended design of this wicked rebellion. 
 But how is this heavy charge made out ? Do our ene- 
 mies pretend to produce any one act of lawless power ever 
 done, or so much as attempted, by his present Majesty or 
 his royal father, through the whole course of their reigns ? 
 No ; but, instead of this, they tell us of some things which 
 are of a doubtful and disputable nature, and about which 
 the wisest, the best, and freest men, have different appre- 
 hensions and views. Things are mentioned as encroach- 
 
1745.] WARNING AGAINST THE REBELLION. 79 
 
 merits which were never done at all, but barely proposed ; 
 and, after being for some time canvassed by the legisla- 
 ture, were laid aside. And none of the things complained 
 of can be alleged to have been done, or the least attempt 
 made to do them, any otherwise than by law, — law enacted 
 by and with the advice and consent of the representatives 
 of the people, chosen by the freeholders and men of pro- 
 perty in the nation. What a degree of impudence must 
 it require, for any man to compare things of this nature 
 with the many known acts of mere power and violence 
 (not only without law, but in the face of the plainest stand- 
 ing laws) done in former reigns before the glorious revo- 
 lution ? about which it was then dangerous to debate, and 
 of which it was held criminal to complain ! And how 
 justly might we expect the repetition of such acts of vio- 
 lence, under the reign of one, who claims the crown by 
 the pretended indefeisible right of succession to these 
 princes, extols the equity and clemency of their adminis- 
 tration, and sets it before him as the glorious pattern of 
 his intended government ? 
 
 " The minds of these men must be monstrously pervert- 
 ed, who can favour a design, the natural and necessary 
 consequences of which must be, the subversion of what 
 Great Britain glories in above all nations, religious and 
 civil liberty ! Can we expect libeity from arbitrary 
 potvery — a free parliament from an armed force, — just laws 
 from lawless men, — the security of our property from the 
 invaders of property, — the protection of our commerce 
 from France and Spain., — the safety of the Protestant re- 
 ligion from a Popish pretender, — and toleration of tender 
 consciences from a persecuting spirit ? 
 
 " Oiu' own history acquaints us, and there are some yet 
 alive who remember to have seen the best blood of the 
 nation shed on scaffolds, in the cause of religion and liberty; 
 and great numbers of peaceable men fined, imprisoned, 
 and put to death, for serving God according to their con- 
 sciences ; sometimes under form of law, and sometimes 
 without any form of law, by soldiers, who were authorised 
 to do so ; who were at once judges, witnesses, jury, and 
 executioners. 
 
 ♦' As we detest the principles of slavery, — as we abhor 
 this flagitious rebellion, and the base methods by which it 
 has been carried on, — so we do, in the wai-mest manner, 
 
80 ANNALS OP THE ASSEMBLY. [1745. 
 
 exhort all persons of our communion to persist in that 
 loyalty to our sovereign King George by which they have 
 been always distinguished ; neither to be allured by pro- 
 mises, nor overawed by threatenings, to join with these 
 wicked and deluded men ; and let your honest zeal for 
 our happy constitution, rise in proportion to the vio- 
 lence with which it is attacked. " We put you in mind 
 to be subject to principalities and powers, to obey magis- 
 trates, and to be ready to every good work," Titus iii. 1. 
 "Let every soul be subject to the higher powers. For 
 there is no power but of God : the powers that be, are 
 ordained of God. Whosoever therefore resisteth the 
 power, resisteth the ordinance of God : and they that re- 
 sist, shall receive to themselves damnation. For rulers 
 are not a terror to good works, but to the evil," Rom, 
 xiii. 1, 2, 3. " Fear the Lord, and the King : and meddle 
 not with those that are given to change," Prov. xxiv. 21. 
 " Submit yourselves to every ordinance of man for the 
 Lord's sake : whether it be to the King, as supreme ; or 
 unto governors, as unto them that are sent by him for the 
 terror of evil-doers, and the praise of them that do well," 
 1 Pet. ii. 13, 14. 
 
 " Cultivate the principles of true liberty, and teach them 
 to your children, that they may not be early ensnared by 
 slavish doctrines, which may render them hurtful to 
 society, and involve themselves and their dearest concerns 
 in ruin. 
 
 " The calamities we in this country have felt, and the 
 judgments with which God has been pleased to visit us, 
 should awaken our consciences, and excite us to a sin- 
 cere and deep repentance for those sins which have been 
 the procuring causes of them. How insensible have many 
 been of the excellency of that religion we have long en- 
 joyed, pure from idolatry and superstition ? With what 
 contempt has the everlasting gospel of Christ, and his 
 ordinances been treated? And how little of the power 
 of religion has been seen in the lives of its professors ? 
 How much have profane swearing and horrid perjury 
 abounded? How much has luxury, the parent of many 
 vices, and productive of the greatest miseries, spread its 
 malignant influence over all ranks? And how has infi- 
 delity^ libertinism and licentiousness ^ prepared the minds 
 of not a few for any form of religion that is calculated for 
 
1745.] WARNING AGAINST THE REBELLION. 81 
 
 an indulgence to vice ? How much more have men been 
 aflfected with temporal inconveniencies, and the loss of 
 their goods, than with the danger to which our holy reli- 
 gion is exposed ? 
 
 " Consider the inestimable privileges you have long pos- 
 sessed ; the wonders of God's providence in the reforma- 
 tion of those nations from Popery ; the establishment of 
 that reformed religion by the glorious revolution under 
 King William ; and the confirmation of it by raising the 
 illustrious family of Hanover to the throne of these king- 
 doms. Let a lively sense of these valuable blessings be 
 continually preserved in your minds ; that you may not be 
 shamefully unthankful to God, ungrateful to your worthy 
 ancestors, and unfaithful to your posterity. 
 
 " We must earnestly recommend it to all the ministers 
 of this National Church, to endeavour, by public and pri- 
 vate instruction, to fill the minds of people of all ranks 
 and ages, as they have opportunity, with a just abhorrence 
 of the abominations of Popery ; the terrors of arbitrary 
 power ; and of the extreme danger these lands must be 
 certainly exposed to, of being over-run with superstition, 
 tyranny and oppression, if God for our sins should ever 
 suffer the Pretender to reign over us. 
 
 " Sensible of the peace, and the many great privileges 
 we have long enjoyed ; and the danger to which we are 
 now exposed ; let us mourn over our own sins, and the 
 wickednesses that are daily committed in the land, which 
 have drawn down these heavy judgments upon us : — Let 
 us search and try our ways^ and turn again unto the Lord ; 
 that, for Jesus' sake, he may have compassion upon us, 
 pardon our sins, prevent our ruin, and strengthen what he 
 has wrought for us. 
 
 " Let us, in the most earnest manner, address Almighty 
 God of infinite mercy, through the blood of our Lord 
 Jesus Christ, to pour down a spirit of grace and supplica- 
 tion^ {ii repentance and reformation, upon all ranks of men: 
 that he would enable us to walk worthy of the gospel of 
 Christ, and animate us with a temper of mind suitable to 
 it : that he would teach us to improve the present awful 
 dispensation of his providence ; unite us in the bonds of 
 peace and truth ; and give us all one heart and one way, 
 to fear him and keep his commandments always ; that 
 God may dwell with us, and with our posterity after us. 
 
82 ANNALS OF THE ASSEMBLY. [1746. 
 
 Let us fervently pray, that God may eminently bless our 
 only rightful sovereign King George, and all his royal 
 family ; protect his person, from all the secret and open 
 attempts of his enemies ; establish his throne ; direct his 
 councils ; and give success to his arms by sea and land, at 
 home and abroad. 
 
 "As we pity those unreasonable men who have risen 
 up against us ; so let us all heartily pray to God, that he 
 would convince them of their folly and wickedness; give 
 them repentance unto life, and the forgiveness of their 
 sins ; that, being reclaimed from the error of their way, 
 the further eflFusion of blood maybe prevented ; but that, 
 if they should still persist in this unnatural rebellion, God 
 may defeat it ; and make it a means of strengthening our 
 happy constitution, and of discouraging forever all attempts 
 of this nature." 
 
 The above warning and exhortation, having been sun- 
 dry times read and fully considered, was this day unani- 
 mously approven by the Commission ; and they appoint 
 the same to be forthwith printed, and copies thereof to be 
 sent to all the ministers of this Church ; who are hereby 
 appointed to read the same from their pulpits, each of 
 them the first Lord's- day he conveniently can, after it 
 comes to his hands ; and the several Presbyteries are to 
 inquire particularly into the observation of this Act. — Sub- 
 scribed by 
 
 WILL. WISH ART, 3Iodr. 
 
 RO. MACKINTOSH, CIL 
 
 1746. 
 
 MEETING OF THE COMMISSION IN MARCH. 
 
 The Commission met on the 13th March, and ad- 
 dressed the King on the success of his arms under his 
 son, the Duke of Cumberland, " in driving these auda- 
 cious rebels to the remoter parts of the island." The bat- 
 tle of Culloden followed about a month afterwards, viz. 
 c" the 16th April. 
 
 I 
 
1746.] DEBATE ABOUT CONSTITUTING THE COURT. 83 
 ASSEMBLY, 1746. 
 
 The members of the General Assembly met at Edin- 
 burgh on Thursday the 8th of May, agreeably to the ap- 
 pointment of the Assembly, 1743; but the Earl of Leven's 
 Commission, (though his Lordship was named to repre- 
 sent the King,) was not yet come down. As the civil and 
 ecclesiastical powers are each very jealous of their rights 
 and privileges, and as the former contend, that there can 
 be no legal Assembly without a Commissioner, while the 
 latter hold the contrary, the Assembly'sconduct was now 
 very much the object of public attention. Principal 
 Wishart, the Moderator of last Assembly, preached in 
 the High Church,* and then the members met in the As- 
 sembly-house ; whicli is the ordinary method of proceed- 
 ing. The first thing commonly done after meeting, is to 
 choose a new Moderator ; but, at this time, Principal 
 Wishart was continued for the first diet, and likewise for 
 that of next day, which was spent in prayer, as usual. 
 Upon hearing, at this second diet, that an express was ar- 
 rived with a commission to the Earl of Leven, the Court 
 adjourned till next day, the 10th. But the difiiculty was 
 not yet removed : for, by some mistake, the Commissioner 
 was not authorised to act till Friday the 16th. On the 
 10th, an overture was ofi^ered in writing by a member, 
 That, for preparing of bui^iness, a committee for overtures 
 should be appointed, for hearing causes, and preparing an 
 overture and opinion upon each cause to the Assembly, 
 for preventing of long debates. Other members propos- 
 ed. That the Assembly should adjourn till Friday the 
 16th. After reasoning, the question was put, ^^ Proceed 
 at this diet to the choice of a Moderator, and to name the 
 usual committees, with power to them to meet from time 
 to time upon the business proper for each of them ; and 
 then adjourn the Assembly till Friday next?" or, '•^Ad- 
 journ now the next meeting of the Assembly till Friday 
 next?" and it carried Proceed. Then Mr. John Lumisden, 
 Professor of Divinity in the King's College, Aberdeen, 
 
 ♦ His sermon was printed under the title of " Public Virtue Recom- 
 viended." One of the preachers before the Commissioner was Mr. Hugh 
 Blair, then one of the ministers of Canongatc, having been translated from 
 Collessie, in Fife, in 1743. His sermon also appeared, with the title, " Thi^ 
 v.-rcth of 7nan praising God." 
 
84 ANNALS OF THE ASSEMBLY. [1746. 
 
 was chosen Moderator, the usual committees were named, 
 with power to adjourn as they should think fit, and the 
 Court adjourned till Friday the 16th. By thus entering 
 on business, choosing a Moderator, and naming their com- 
 mittees, the Assembly asserted the Church's right of hold- 
 ing valid national assemblies without the Sovereign or his 
 Commissioner ; and by delaying to determine any cause 
 till the Commissioner met with them, they obtained the 
 royal sanction to all their proceedings. It is however ob- 
 servable, that thonghthe Assembly considered themselves 
 as regularly constituted on the 8th, 9th and 10th of May, 
 and had minutes of their proceedings on these days made out 
 by their Clerk in the common form ; yet, in the London 
 Gazette^ which is publislied by authority, the Assembly is 
 said to have met, and to have chosen their Moderator, on 
 the 16th, being the day that the Commissioner met with 
 them. 
 
 On the 16th the Court met with all the usual solemni- 
 ties, the High Commissioner being seated in state on the 
 throne. After his Grace's commission was given in, and 
 the King's letter read, a committee was named to draw up 
 an answer to it, and likewise a congratulatory address to 
 his Majesty on the victory at Culloden. 
 
 The business of greatest importance before them, was, 
 the settling the offices of Procurator for the Churchy and 
 Principal Clerk to the General Assemblies and Commis- 
 sions. These offices were conferred on Mr. William 
 Grant, advocate, by an Act of Assembly, May 13, 1731 ; 
 " with power to him to exercise these offices, and to enjoy 
 the emoluments, profits, and privileges belonging thereto, 
 as fully and freely as Mr. John Dundas of Philipstou, 
 [then lately deceased], or any other his predecessors, en- 
 joyed the same." Before the year 1737, Mr. Grant, hav- 
 ing had necessary occasion to be absent from two Assem- 
 blies, was excused, and did officiate by a depute. That 
 year, having been appointed the King's Solicitor for 
 Scotland, he represented to the Assembly, That he might 
 possibly at some times have necessary occasion to be ab- 
 sent again, and therefore desired in such case to be al- 
 lowed a power of deputation. The Assembly, "being 
 resolved to confer a mark of their favour and regard for 
 him, enacted May 24, 1737, That it should be lawful for 
 him, as often as he should be necessarily absent, to depute 
 
1746.] ELECTION OF A PROCURATOR AND CLERK. 85 
 
 any other person to officiate for him as Clerk to the 
 General Assemblies or Commissions ; providing, (among 
 other things), that in case Mr. Grant should at any time 
 receive or accept of" any office which the General Assem- 
 bly shonld judge incompatible with his present office, that 
 then and in that case this Act should not be constructed 
 to import that he might then act by a depute." A few 
 months before the meeting of the present Assembly, Mr. 
 Grant was appointed King's Advocate; and, being detained 
 at London upon his Majesty's service, he deputed Mr. 
 George Buchan of Kello, to officiate for him at the Assem- 
 bly during his absence, hoping to be present liimself before 
 the close of it. This deputation was taken under consider- 
 ation on the 20th. The Acts 1731 and 1737, above 
 quoted, weie read in Court ; the import of them, and the 
 nature of the office ^Ir. Grant had accepted of from the 
 crown, and of the offices he held of the Church, were 
 reasoned upon at great length ; and then it was proposed 
 to put the question, " Whether the offices of Procurator 
 for the Church, and Principal Clerk to the General As- 
 sembly, are now at the disposal of the Assembly," or 
 "Not?" A preliminary question was however moved 
 for, and put, viz. " Proceed now to put the above ques- 
 tion ;" or, " Let the affair lie over till next Assembly?" 
 It carried Proceed, by a areat majority. The principal 
 question was then put, Disposal or Not ? and it carried 
 Disposal^ likewise by a great majority. 
 
 The Assembly then proceeded to dispose of the above 
 offices. A motion was made, and after reasoning, agreed 
 to, That as the Procurator's business and the Clerk's were 
 distinct, the offices sliould be conferred on different per- 
 sons. Messrs. James Areskine, junior, (son of Lord Tin- 
 wald), and David Dalrymple, (son of Lord Drummore), 
 advocates, were candidates for the office of Procurator ; and 
 the latter carried it. Tlierefore the Assembly " elected, 
 constituted, and appointed the said Mr. David Dalrymple, 
 advocate, to be Proc?irator for the Church ; with power 
 to him to exerce that office, and enjoy the emoluments, 
 profits and privileges thereof, during pleasure, as fully 
 and freely as Mr. William Grant, or any other his prede- 
 cessors, enjoyed the same." And Mr. Dalrymple having 
 appeared, took the oath de fideli. 
 
 The Court next proceeded to the choice of a Clerk. 
 
86 ANNALS OF THE ASSEMBLY. [1746. 
 
 iVIr. George \Msliart, one of the ministers of Edinburgh, 
 and Mr. Robert Paton, minister at Renfrew, were the 
 candidates. A motion was made, That both should be 
 conjoined in the office. Mr. Wishart declined standing 
 for the half, or any pari of it ; but Mr. Paton was willing 
 to serve in conjunction with another. After reasoning, 
 various states of a vote were proposed, but the discussion 
 was adjourned till next day, when a motion was made for 
 putting the question, " Whether Mr. Wishart or Mr. 
 Paton shall be Clerk ?" Thereupon the previous ques- 
 tion was put, " Agree to put the above question," or 
 " Not ?" it carried Agree. Then the first question being 
 put, it carried 3Ir. Wishart. Therefore the Assembly 
 " elected, constituted, and appointed the said Mr. George 
 Wishart, to be Principal Clerk to the General Assemblies 
 of the Church of Scotland and Commissions thereof ; with 
 power to him to exerce that office, and enjoy the emolu- 
 ments, profits and privileges thereof, during pleasure, as 
 fully and freely as Mr. William Grant, or any other his 
 predecessors, enjoyed the same." And Mr. Wishart, hav- 
 ing taken the oath de Jideli, took his place. Some argu- 
 ments used in the debate upon the question, Whether the 
 above offices were at the Assembly's disposal? occasioned 
 the adding the words during pleasure in the commissions 
 now granted. 
 
 A committee appointed to inspect the records, reported, 
 on the 22d, That the Church's public money was at first 
 received and paid out by the Agent for the Church, and 
 thereafter by Messrs. Dundas and Grant, successively, 
 designed Procurators for the Church ; that the Royal 
 Bounty was paid into their hands, by a special commission 
 from the Assembly; and that the yearly salaries allotted 
 for the respective offices, appear to have been, 1200 merks 
 for the Clerk, 1000 merks for the Procurator, and £25 
 sterling for the Cashier of the Royal Bounty. After 
 reasoning, a motion was made, That the whole of the 
 money, i. e. the £500 yearly granted by the King for de- 
 fraying the public charges of the Church, and the £1000 
 Royal Bounty for reformation of the Highlands, be lodged 
 with the Procurator, and that the Principal Clerk have 
 no trouble about it. Which, upon the question put, car- 
 ried in the affirmative. Thereupon Mr. Dalrymple was 
 appointed receiver and disburser of said money, and or- 
 dained to find caution. 
 
1746.] THANKSGIVING FOR VICTORY OF CULLODEN. 87 
 
 Presbyteries were appointed to inquire into the beha- 
 viour of office-bearers in the Church during the late un- 
 natural rebellion, to carry on proper processes against of- 
 fenders, and to call all others before them that may have 
 been guilty in this respect, and censure them, according 
 to the degree of the offence, and as shall be judged for 
 edification. Ministers and Presbyteries, to take care that 
 all teachers of youth within their bounds be qualified in 
 terms of law. 
 
 Kirk-sessions enjoined to keep a record of the name, 
 and time of death, of every person dying within their re- 
 spective parishes, and interred in their ordinary burying 
 places. 
 
 A congratulatory letter was sent by the Assembly to 
 the Duke of Cumberland, and a committee appointed to 
 compliment his Royal Highness upon his arrival in this 
 country, and his victory over the rebels. 
 
 The Commission received the Assembly's thanks for 
 their faithfulness, and particularly for the seasonable warn^ 
 ing and exhortation emitted by them in November last. 
 
 On the 22d, the Assembly appointed a national thanks- 
 giving for our surprising deliverance from the late wicked 
 and unnatural rebellioii, to be observed on the fourth 
 Thursday of June ; and that humble application should 
 be made to the King, for the royal sanction,* in order to 
 the more effectual and due observation of it. 
 
 The General Assembly do recommend to private fami- 
 lies, that in their religious exercises, singing the praises 
 of Gody they go on without the intermission of reading 
 
 * In reply to this application, an order of the Privy Council, dated June 
 12, gave the required sanction. It ran thus : — " Whereas the Right Hon. 
 the Earl of Leven, late his Majesty's High Commissioner to the General As- 
 sembly of the Church of Scotland, hath represented to his Mjjesty, That, 
 in pursuance of his INIajesty's instructions, empowering him to allow the 
 said Assembly to name a day of thanksgiving for the late victory over the 
 rebels, the said Assembly had, upon consulting with the said late High Com- 
 missioner, agreed upon the 26th of this instant June for that purpose, and 
 therefore humbly requesting his Majesty's royal sanction for observing the 
 thanksgiving on that day, ixc" The 26th of June was accordingly observed as 
 a thanksgiving all over Scotland. On the Lord's-day previous, son^.e minis- 
 ters read the Order of Council along with the Act of Assembly : others it is 
 snid, excepted to the words in the Order of Council ^^ empowerhig the 
 High Commissioner to allow the Assembly to name a day of thanksgiving ; " 
 and therefore, instead of reading the Order of Council, only mentioned that 
 the royal sanction had been obtained, in order to the more eflfectual and due 
 observation of the day., 
 
 H 2 
 
88 ANNALS OF THE ASSEMBLY. [1746. 
 
 eacJi line: And do recommend to schoolmasters in the 
 several parishes, that they be careful to instruct the youth 
 in singing the common tunes. 
 
 The General Assembly appoint, that the abbreviate of 
 the Laws and Acts of Parliament against profaneness and 
 immorality be reprinted, and copies thereof sent to the 
 several ministers of this Cluirch, to be read from the pul- 
 pits of their respective churches. 
 
 An appeal of some magistrates, heritors, and others, of 
 the town and parish of Queejisferry^ callers of Mr. Walter 
 Punton, minister of the gospel, to be their minister, from 
 a sentence of the Synod of Lothian and Tweeddale, re- 
 versing a judgment of the Presbytery of Linlithgow, sus- 
 taining their call to Mr. Punton, heard ; and the said 
 Synod's sentence sustaining a call of others of the magis- 
 trates, heritors, and others of the said town and parish, to 
 Mr. Archibald MacAulay, probationer, to be minister of 
 Queensferry, affirmed, and the said Presbytery appointed 
 to proceed to his trials and settlement. 
 
 The sentence of the Synod of Angus and Mearns, re- 
 versing a judgment of the Presbytery of Forfar, giving 
 their Presbyterial call and presentation to Mr. William 
 Brown, probationer, to be minister of the parish of Cor- 
 tachy, and proposing him only to the congregation. And 
 further, appointing the said Presbytery to have a moder- 
 ation at large at Cortachy, betwixt and the first of July 
 next ; and that at the moderation, they shall allow none 
 to vote in the calling of a minister, or signify their con- 
 sent to, or dissent from such call, who shall appear to have 
 been guilty of rebellion. Reversed, m respect of the 
 peculiar circumstances of the said parish, on account of the 
 disaffection in general of the people thereof to the Govern- 
 ment. And the said Presbytery appointed to proceed to 
 the trials and settlement of the said Mr. Brown to be 
 minister of Cortachy and Clova. 
 
 The said Presbytery of Forfar thanked for their zealous 
 appearance in discouraging the rebellion in that part of 
 the country, and their care of the interest of the Church 
 in that corner. 
 
 A petition of the patron, and others of the parish of 
 Moffat, callers of Mr. Edward Johnston, probationer, to 
 be minister there, and of Mr. Johnston himself, tabling 
 certain appeals taken from the Synod of Dumfries^ affirm- 
 
1746.] LIBEL AGAINST JOHNSTON OF MOFFAT. 89 
 
 ing several interlocutors passed by the Presbytery of 
 Lochmaben, upon the articles of a libel exhibited before 
 them against Mr. Johnston by the parishioners of Moffat, 
 opposers of his settlement there, read. And the 4th and 
 6th Articles referred to the Assembly's determination, be- 
 ing first read over, viz. Article 4th, That the said Mr. 
 Johnston had been guilty of frequent banning, swearing 
 and cursing, in and about Cumlongan, Annan and Carlisle, 
 and other places, by using these and the like expressions, 
 "by God, Faith, Conscience, and the Devil take yourself, 
 or others, &c." Article 6th, That Mr. Johnston had as- 
 serted in his defences, that all the Articles of the libel 
 given him by the Presbytery, though proven, are not suf- 
 ficient to depose a minister, and consequently not sufficient 
 to hinder him from being admitted minister of Mofi^at. 
 The Assembly sustained these two Articles relevant to 
 infer censure. 1 he other Articles of the libel found rele- 
 vant by the Presbytery and Synod, from whose judgments 
 appeals were taken, being read, viz. Article first, That, 
 in the month of June, 1743, in the house of Lady War- 
 ranbie in Annan, Mr. Johnston was desired to explain a 
 written sentence below a picture in the room ; when he 
 had told what the two pictures were on eacli side, he ut- 
 tered that profane, impious and irreligious expression, 
 " That little fellow in the middle is our Saviour," very 
 like that diminutive and impious expression of the Jews, 
 recorded in Matth. xxvi. 61, Luke xxiii. 2, and in other 
 places of scripture ; the Assembly sustained the said 
 Article relevant to infer censure. The second Article of 
 the libel, That, sometime in May 1744, in Mr. Johnston's 
 father's house in Annan, when speaking of the holy scrip- 
 tures, he averred, that that phrase, so frequent in the Old 
 Testament, " Thus saith the LORD," was only a by-word 
 of the prophets, and not a saying of the LORD'S ; being 
 read, the Assembly found this Article relevant to infer 
 censure. The third Article being read, viz. That in the 
 latter end of April, or beginning of May, 1744, Mr. John- 
 ston had travelled to Applebie on the Sabbath-day, and 
 caused a barber shave him on that day: The Assembly, 
 after reasoning, found the first branch of that Article not 
 relevant, as laid in the libel ; but found the second branch 
 thereof, tespecting his shaving, relevant to infer censure. 
 The fifth Article, viz. That he had asserted in his defences 
 H 3 
 
90 ANNALS OF THE ASSEMBLY. [1746. 
 
 given in to the Presbytery, that banning and swearing are 
 trifles as to their matter, was read, and the Assembly 
 found that Article relevant as laid to infer censure. The 
 seventh Article being read, viz. That Mr. Johnston had 
 openly asserted a falsehood, and which he knew to be a 
 falsehood, standing in the Commission in November, 1744, 
 viz. when it was asserted, that he had given two guineas 
 at Applebie to escape a process before the spiritual Court, 
 he asserted that to be a lie : The Assembly found the said 
 Article relevant. Next there was read an additional 
 Article given in to the said Presbytery the 13th August 
 last, viz. That, in October last, Mr, Johnston denied be- 
 fore the Synod ol" Dumfries, that he was admonished by 
 the Moderator of the Presbytery of Middlebie, before the 
 Presbytery while sitting, and said that only a member 
 came to the door, and spoke to him, whereby he uttered 
 a falsehood, and what he himself could not but know to 
 be a falsehood, for that he was publicly admonished in face 
 of the Presbytery by their Moderator. The Assembly 
 agreed to dismiss this Article, saving and allowing never- 
 theless to Mr. Johnston, all just grounds of exculpation, 
 and a proof of facts respecting any of the above Articles 
 found relevant. And the Assembly appoint, that any re- 
 ferences or appeals that may be made in this process, be 
 brought in the usual channel to the Synod, and next 
 General Assembly. 
 
 Act declaring the dues which were in use to be paid, 
 ever since the Revolution, to the Clerks of the Assembly, 
 by the Commissioners from Presbyteries, &c. at delivering 
 in their Commissions, do belong to the Clerks ; and re- 
 commending to the said Commissioners hereafter punctu- 
 ally to pay the said usual dues, when they give in their 
 Commissions to the Clerks to be enrolled as members of 
 the General Assembly. 
 
 A petition of Mr. Thomas Montfud, minister of Kil- 
 malie, craving relief in his present distressed circumstances, 
 occasioned by the want of his stipend resting by these in 
 the rebellion, remitted to the committee on the public ac- 
 compts. 
 
 A petition of some heritors, elders, and heads of fami- 
 lies, of the parish of Roberton, callers of Mr. John Rodger, 
 probationer, resuming the proceedings had by the two last 
 General Assemblies in the cause, and craving this Assem- 
 
1746.] SETTLEMENT OF SOUTH UIST. 91 
 
 bly would give judgment therein, read ; as also a letter 
 from the Duke of Douglas, in answer to that sent him by 
 order of last Assembly, earnestly desiring the Assembly 
 would review the process, as referred by the Presbytery 
 of Lanark, and give such sentence as may determine the 
 settlement of Mr. William Nimmo presented by him, and 
 to whom a number in the parish signed a call ; and the 
 Assembly appointed the said Presbytery to proceed to 
 the said Mr. Nimmo's trials and settlement, as mmister 
 of Roberton. 
 
 Act and oyevtiive nhout licensiiig probationers, re-trans- 
 mitted. , 7 r 1 
 Overture about translations and paraphrases ot several 
 pieces of sacred scripture, re-transmitted. 
 
 Overture ahout processes against probationers, re-trans- 
 mitted. Jill 
 
 Mr. Niel MacLeod, probationer, remitted by the last 
 General Assembly to the Presbyteries of Syke and Uist, 
 to be taken on trials, in order to his settlement as mmister 
 of South Uist, but found by them unqualified ; and he 
 failing now to compear, it is left to the Presbytery ot 
 Uist to proceed to the settlement of the said parish ac- 
 cording to the rules of this Church.* 
 
 * This is one of the cases of settlement, which Dr. Lee, in his evidence 
 before the CominUtee of the House of Commons »" P;^»^''";g^' ^« jf ^' 
 justly represented as remarkable. ( Report, Quest. 3041, 3042. ) There 
 was a roval pre.entati-.n, and the Presbytery contrived to evade the recep- 
 tion of that presentation by a manoeuvre that most people would look upon 
 as not verv correct, by holding their meeting at a different time and a du- 
 ferent pl.ce from what was common ; so that the person who came with 
 the presentation was never able to find them out, and then they said that the 
 ri-ht had devolve.! upon the Presbytery; and Mr. Macau ay, one of the 
 ministers, had influence enough to have his own sen called by the Presby- 
 tery to the charge, and the General Assembly sustained the settlement of 
 that particular individual. [The Doctor should rather have said, they gave 
 the Presbytery the right of appointing their own man; for Macaulay s 
 second settlement did not come before the Assembly, though the frst did 
 in i745_5eep. 73.] It was a very singular circumstance, that the 
 Presbytery themselves had been in the habit of giving annual recommen- 
 dations of the individual who was presented by the King, for he had 
 been six years in their bounds as a missionary, on what is called the 
 Royal Bounty, and the whole heritors and elders, and almost all the heads 
 of "families "were favourable to the expectations of this candidate; but 
 the Presbytery afterwards alleged that this perscn was unquHlihed, and 
 they said the reason why the heiitors preferred hira was, that he was 
 80 Cerv weak a man, and unfit to contend with the Popish priests. 1 he 
 heritols were in general Roman Catholics, and although the Presbytery had 
 been in the habit of annually certifying this person's capacity for the situation 
 
92 ANNALS OF THE ASSEMBLY. [1746. 
 
 The Moderator represented, that he, with several other 
 members, had paid the compliments of this Church to his 
 Serene Highness Prince Frederick o^ Hesse- Cassel,^r\ow 
 present in the Assembly, which the Assembly approved of. 
 
 The petition and complaint of the parishioners of Cross- 
 kirk in Orkney, dismissed, in respect there are no extracts 
 of the sentence of the Synod appealed from produced, and 
 the appeal declared fallen from and void. 
 
 The appeal of Sir William Maxwell of Springkell, as 
 patron, and oi other?, oi the i^?iv\^\\ oi Kirkpatrick- Fleming, 
 callers of Mr. Anthony Black, probationer, to be minister 
 there, from a sentence of the Synod of Dumfries sustain- 
 ing a call of others of the said parish to Mr. James Currie, 
 probationer, to be minister thereof, heard, and the Synod's 
 sentence is unanimously affirmed, and the Presbytery of 
 Annan appointed to proceed to Mr. Currie's trials and 
 settlement, according to the rules of this Church. -|- 
 
 A proclamation issued by his Royal Highness the Duke 
 of Cumberland, for discovering such of the rebels as have 
 carried arms, and such as harbour or entertain them, ap- 
 pointed to be read in all the Churches within Scotland.:|: 
 
 which he held in a Roman Catholic district, they afterwards declared that 
 they considered him as not tit for that pirticiilar pirisli." This is not the 
 only time that the Preshytery of Uist has grasped at Xhe jus devoliitum. 
 The late Mr. IMacgillivray of Kilmalie, (formerly of Lochgoilhead), used to 
 tell an amusingstory of his repairing in all haste, and in the depth of winter, 
 to a meeting of that Pre>hytery, to lodge with them a presentation he had 
 received to the parish of Barra, when the six months were on the point of 
 expiring. He did not succeed in reaching the island till the afternoon, when, 
 as he was hurrying on, he met some persons on horseback, to whom he put 
 a question as to the Presbytery meeting. One of their number replied : — 
 " We are the Presbytery : and if you are, as we suppose, a presentee to 
 Barra, you are too late ; for (pointing to one of the cavalcade) we have just 
 appointed this gentleman." In the Assembly, 1837, the Portnahaven case 
 developed a similar si)irit in the newly-erected Presbytery of Islay. 
 
 * Fie had come to Scotland in command of the Hessian troops, sent thither 
 on account of the Rebellion. 
 
 f There was a counter-presentation by the Marquis of Annandale to Mr. 
 Currie. The Presbytery appointed a call in general, which turned out in 
 his favour. — See the Commons' Report on Patroiiage. Appendix, p. 24. 
 
 I This proclamation bore, " that the f fficers of the law were to take 
 informations from the ministers of the gospel of the Established Church 
 of Scotland, touching the behavi )ur of the inhabitants within their 
 respective parishes, and of the present haunts and places of abode of 
 such rebels as may be lurking in their several neighbourhoods: Ami the 
 said ministers of the gospel, and all others his Majesty's dutiful subjects, 
 who shall have any knowledge of the places of abode or lurking places of 
 such rebels, and of the places where such arms may be lodged, are hereby 
 required to give information to the officers of the law aforesaid." Some 
 
1746.] LETTER FROM THE DUKE OF CUMBERLAND. 93 
 
 Order for allowing Mr. James 3Ian,^ probationer, in- 
 spection of the records, or other manuscripts in the Clerk's 
 hands, for enabling- him to prosecute his design of publish- 
 ing an historical account of affairs transacted in Scotland, 
 from the beginning of the civil wars to the conquest of 
 Scotland by Oliver Cromwell. 
 
 3Iay 23. The General Assembly was concluded with 
 prayer, and singing the 133d Psalm, and pronouncing the 
 blessing. 
 
 The following letter from his Royal Highness William 
 Duke of Cumberland, to his Grace the Commissioner, 
 came to hand per express on the 2Gth May, three days 
 after the rising of the Assembly : — 
 
 " Inverness, the 2\st May, 1746. 
 
 '•My Lord Commissioner, — The meeting of the Vener- 
 able the General Assembly of the Church of Scotland, 
 furnishes an occasion I have wished for, of expressing 
 publicly the just sense I have of the very steady and laud- 
 able conduct of the clergy of that Church, through the 
 whole course of this most wicked, unnatural, and unpro- 
 voked rebellion. 
 
 " I owe it to them in justice to testify, that, upon all 
 occasions, I have received from them professions of the 
 most inviolable attachment to his ^fajesty's person and 
 government, of the warmest zeal for the religion and liber- 
 ties of their country, and of the firmest persuasion, that 
 these blessings could not be preserved to the nation, but 
 by the support of his Majesty's throne, and of the succes- 
 sion in his royal family ; and, in support of the sincerity 
 
 ministers it is said, did read the proclamation from their pu!pits ; others left 
 the reading ot it to their precentors. Mr. Lind, the SheriflFof Mid-Lothian, 
 addressed a letter to every minister in that county, desiring them (hy order 
 of the Lord Justice Clerk) to " make up lists ot al! those in their parishes 
 who had not been concerned in the rebellion, either by carrying arms or 
 otherwise;" or, " a list of those only who had been concerned in the rebel- 
 lion." Tbu ministers in and near Edinburgh respectfully declined the duty. 
 and so it is presumed did most of the clergy of the Church. Another of 
 the Duke's proclamatinns required the rebels to deliver up their arms to a 
 Magistrate, or " Minister of the Church of Scotland." 
 
 * Apparently the same person, who distinguished himself by his defence 
 of George Buchanan against Ruddiman. He was born in Morayshire about 
 the year 1700; was, if I mistake not. master of the Poor-house in Aber- 
 deen, and died in 17t)L The work referred to in the text seems never to 
 have been published. 
 
94 ANNALS OF THE ASSEMBLY. [1746. 
 
 of their professions, I have always found them ready and 
 forward to act, in their several stations, in all such affairs 
 as they could be useful in, though often to their own 
 great hazard ; and of this I have not been wanting to give 
 due notice from time to time to his Majesty. 
 
 " I must desire your Grace to assure the Venerable the 
 General Assembly, of the very sincere acknowledgment 
 I shall always feel, for the particular marks of good-will 
 and affection 1 have received everywhere from the clergy, 
 of my regard and esteem for their body, and of my good 
 wishes for all its members. 
 
 " I heartily wish success to the good work you are upon 
 for the service of his Majesty, and the true benefit of his 
 faithful subjects. I am, 
 
 "My Lord Commissioner, 
 " Your Grace's most affectionate friend, 
 
 WILLIAM.' 
 
 At the meeting of the Commission (after the Assembly 
 had risen) there came before them a reference from the 
 Presbytery of Zetland for advice. The case was : George 
 Hughson desired to be married to Margaret INIowat, who 
 was widow of Andrew Mowat, son of Hughson's former 
 wife. The Presbytery thought them within the forbidden 
 degrees of affinity mentioned Conf. ch. 24, art. 4. But the 
 Commission were of opinion, that such marriage is not 
 contrary to the word of God, our Confession of Faith, or 
 the laws of the land; and advised the Presbytery accord- 
 ingly. 
 
 COAIMISSION MEETING IN NOVEMBER. 
 
 At the Quarterly Meeting of the Commission, Nov. 12, 
 letters were read from bretliren in the north, represent- 
 ing their distresses by parties of robbers \_rebels who had 
 become broken men] coming down upon their houses in 
 the night. A committee was appointed to communicate 
 this to the Earl of Albemarle, [Commander-in-Chief in 
 Scotland after the departure of the Duke of Cumberland.] 
 
1747.1 DEPREDATIONS ON THE CLERGY. 95 
 
 1747. 
 
 COMMISSION MEETING IN MARCH. 
 
 At this meeting also, complaints were made by the 
 Presbyteries of Aberdeen and Aberbrothock, of depreda- 
 tions committed on the houses of ministers by outstanding 
 rebels;* and the Commission resolved to lay the affair 
 before' the Lord Justice Clerk and Maj.-Gen. Huske. 
 
 ASSEMBLY, 1747. 
 
 The General Assembly of the Church of Scotland 
 met on the 7th May, and chose IMr. Robert Kinloch, one 
 of the ministers of Edinburgh, Moderator. The Earl ot 
 Leven ^yas his Majesty's High Commissioner. 
 
 Mo«t of the business of the Assembly related to settle- 
 ment^. Some heritors who claimed votes in the calhng 
 of ministers were objected to, because they had not taken 
 the public oaths, in terms of the Act of Parliament 
 1693. Mr. Patrick Turnbull, and Mr. Robert Young, 
 probationers, having each of them got a call to be minis- 
 
 * As a specimen of these outrages we give the following :-" On the 1 6th 
 of October (1746), about 1 o'clock at night, a party of anned men ^nv^d^d the 
 house of Mr. Robert Abercrombie, minister at Le.ly in Aberdeenshire, and 
 demanded i-lOO sterling, under very severe threats. Being told that there 
 waTnotlufh a sum in !he house, they got the keys of the cob'nes prases, 
 &c. and carried otf the minister's watch, seven guineas, and some shirts, 
 rable-linen, bodv-clothes, &c. The same night they entered the house of 
 Mr. Alexander Strachan, minister at Keig, alter tl;^ family were in bed, de- 
 tnanding the like sum ; and robbed the minister of his watch, some of hi 
 own and his wife's body clothes and linen, a silver jug and spoon, &c. Next 
 Jhey went to Mr. Garioch's of Tulloch. This gentleman being from home, 
 Jhey searched his house for money ; and getting none, they .^'an-d off some 
 of the lady's clothes, and threatened the house with ^ second vis.t^ - Letters 
 ? om Aberdeen bear, that on the night of the 28th o^ Feb. (740. five ^^^^^^ 
 men, supposed to be rebels, came to the house of Mr. Robeit ^^l^jvdl, m^^^^^^ 
 ter of Dores, broke open his cabinets, and carried off ^H h^^ most valuable 
 effects; and that they afterwards robbed Mr. Harper, schoolmaster, of £30 
 Bterling." 
 
96 ANNALS OF THE ASSEMBLY. [1747. 
 
 ter of Strickathroiu,* and the Presbytery of Brechin hav- 
 ing sustained Mr. Turnbull's call, the Synod of Angus 
 and iMearns unanimously reversed the Presbytery's sen- 
 tence, and sustained the call to Mr. Young ; for this 
 among other reasons, " That though the heritors voting 
 for Mr. Turnbull at the moderation of the call, were re- 
 quired to give documents of their being qualified to his 
 Majesty, or immediately to qualify, in order to entitle 
 them to vote at said moderation ; and though two of the 
 foresaid heritors, since the moderation, have in Presbytery 
 declared their willingness to qualify ; yet they have not 
 offered the smallest evidence to the Synod of their being 
 qualified in terms of law." This objection was likewise 
 pled upon in the Assembly. It was answered. That no 
 church-judicature has power to administer the govern- 
 ment-oaths; that the Act 1693 was but a temporary law ; 
 and that, in practice, such an objection had not been sus- 
 tained these fifty years past. It was replied, That the 
 Act 1693 is not in desuetude ; that it is by it the mem- 
 bers of incorporations are bound to qualify before they 
 vote in the election of deacons ; and that though this ob- 
 jection is not commonly moved at elections of ministers, 
 it is however competent, and, when moved, cannot in jus- 
 tice be repelled. 
 
 A recommendatory letter for ^Ir. Young was taken 
 notice of. His callers speak of it thus, " We must beg 
 leave to remark here, that there was laid before the Pres- 
 bytery, 23d July, 1746, and stands recorded before the 
 minutes of moderation were called for, a letter from the 
 secretary of a young prince, whose memory in after ages 
 will be revered by the lovers of liberty and the British 
 constitution, setting forth. That his Royal Highness had 
 received very ample testimonials of the good affections 
 and services to his Majesty and his government, of Mr. 
 Robert Young, probationer ; and that their countenance 
 to him would be a very clear and public mark of their ap- 
 
 * " The vacancy occurred in Novenober, 1745. The patron did not exer- 
 cise his right. The Presbytery appointed a call under the j?/s devohitutn. 
 There voted for the one candidate, 2 heritors, ?> elders, and 58 heads of 
 families; for the other, 5 heritors, 4 elders, and 27 heads of families. — 
 Heritors and elders, 14; heads of ftmilies, 85 ; total, 99." For this and 
 the other notes on disputed settlements, during the year 1747, lam indebted 
 to Mr. Whighams Evidence before the Commons' Church Patronage Com- 
 mittee, p. 448. 
 
1747.] SETTLEMENT OF STRICKATHROW. 97 
 
 probation of his zeal in times of so general a disturbance. 
 One would have thought this letter, joined with so good 
 a canse, might have had its own weight, and made the 
 Presbytery cautious of giving what they term their Pres- 
 byterial call in favour of Mr. TurnbuU." The callers of 
 Mr. Turnbull endeavour to retort the argument. Their 
 words are : " The appellants cannot pass over one shift 
 that was used, in order to influence this settlement ; which, 
 instead of working to their benefit, it is hoped will with 
 the Venerable Assembly be considered as a most dayiger- 
 ous and sinistrous stratagem^ not to be attempted to be 
 made a handle of in Church- settlements. The case was 
 this : The moderation having been held upon the 2d of 
 July, it was closed on the 9th ; and the committee made 
 their report to the Presbytery : and, when the Presbytery 
 had proceeded some length in the merits of the case, it 
 was artfully proposed, that all further procedure should 
 be superseded for a fortnight. And, during this interval, 
 some of the party adhering to Mr. Young, repaired to 
 Fort Augustus, and procured from Sir Everard Fawkener, 
 [Secretary to the Duke of Cumberland,] a letter of a most 
 extraordinary style, said to be written by leave of his 
 Royal Highness, recommending Mr. Young to the Pres- 
 bytery, as a person well affected to the government, well 
 fitted for the charge, and said to be extremely desirous to 
 ^11 it. This letter came to the Presbytery's hands full 
 three weeks after the moderation in the call had been 
 finished, and when the Presbytery were just ready to 
 pronounce their sentence. The Presbytery wrote a most 
 respectful answer ; but signified to him, that, as they vrere 
 judges, they were sure it was not his meaning, that thev 
 should be biassed in their judgment, or that they were to 
 proceed otherwise than according to justice and equity, and 
 the established rules of the Church ; which was the only 
 reason why they could not comply with his request or re- 
 commendation. It will be easy for the Venerable Assem- 
 bly to see the consequences of such practices : for though 
 the affection and loyalty of this Church is well known 
 towards his Majesty's person and government ; yet it is 
 hoped the Church of Scotland will never be so far cor- 
 rupted, or turn so political and fawning, as to suffer even 
 the highest influence to overturn the established rules of 
 the Church, in a settlement of ministers of the gospel. 
 
98 ANNALS OF TflE ASSEMBLY. [1747. 
 
 This would be a prostitution of the character of any 
 christian church." — Mr. Turnbull's call was sustained by 
 the Assembly. 
 
 An overture was transmitted to Presbyteries in order 
 to have their opinion against next Assembly, whether it 
 should be turned into an Act, viz. " That none shall be 
 admitted to vote in the call of a minister of the Church of 
 Scotland, who either have twice heard sermon or attended 
 divine worship performed by anonjurant Episcopal minis- 
 ter or preacher in Scotland, where his Majesty King 
 George and the Royal family were not prayed for in ex- 
 press words, within twelve calendar months immediately 
 preceding the vacancy of the church to be supplied ; or 
 who, during any part of the said twelve calendar months, 
 have received sealing ordinances dispensed by such minis- 
 ters ; and that it shall be competent to prove the said facts 
 by the judicial declaration of the person claiming a vote 
 and objected to, or by any other mean of proof known, 
 competent in law ; and that no proxy from any person 
 claiming a vote shall be sustained, unless there be annexed 
 to the commission of proxy a subscribed declaration, bear- 
 ing, that the party granting it does not fall under any of 
 the exceptions above mentioned." 
 
 A committee appointed to consider a petition of Mr. 
 John Matthie, minister of Colessie, and a reference from 
 the Presbytery of Cupar concerning the elders of the 
 parish of Colessie, being only two in number, who do not 
 attend gospel ordinances in their parish church, nor keep 
 session with their minister, but without his knowledge or 
 consent give lines to persons for sealing ordinances, in 
 which practices they are countenanced by some ministers 
 of the said Presbytery, in so far as these ministers admit 
 people to the sacrament of the Supper, and baptize their 
 children upon such lines from the said elders. The report 
 of the committee was brought in next day, and in conse- 
 quence thereof the Presbytery of Cupar are appointed, at 
 their first regular meeting after the Assembly, to cause 
 summon the elders of Colessie to appear before them at 
 their next subsequent meeting, and to require them to 
 submit to Mr. JVIatthie's ministry, and to return to the 
 regular exercise of their office, which, if they refuse, the 
 Presbytery are enjoined to depose them instanter from 
 their office of eldership; and the Presbytery of Cupar, and 
 
1747.] DISPUTED SETTLEMENTS. 99 
 
 all the ministers thereof, are enjoined not to admit the 
 parishioners of Colessie to sealing ordinances, AAdthout a 
 certificate from the minister of that parish, bearing his 
 being satisfied that they are worthy of church-privileges. 
 
 The sentence of the Synod of Lothian and Tweeddale, 
 sustaining a call to Mr. Patrick Baillie, probationer, to be 
 minister of Borrowstounness^* affirmed, and the appeal 
 taken there- against for his Grace the Duke of Hamilton, 
 dismissed. 
 
 An appeal of Sir James Carnegie of Pittarrow, and 
 others, callers of Mr. George Campbell, probationer, to 
 to be minister at Fordoun,\ from a sentence of the Synod 
 of Angus and Mearns, sustaining a call, by others of the 
 said parish, to Mr. William Forbes, probationer, and re- 
 versing a sentence of the Presbytery of Fordoun, sustain- 
 ing a call by the appellants to the said Mr. Campbell 
 heard — the Synod's sentence sustaining the call to Mr. 
 Forbes affirmed, and the Presbytery appointed to proceed 
 to his trials and settlement as minister of Fordoun. 
 
 A committee appointed to consider the laws relating to 
 the poor, and receive in proposals from the several Pres- 
 byteries, or others, in order to their concerting a plan for 
 the maintenance and employment of the poor of Scotland, 
 to be laid before the Commission, who are empowered, if 
 they think it necessary, to transmit a scheme thereof to 
 the several Presbyteries, who are to keep a correspond- 
 ence with the heritors and justices of peace, in their several 
 bounds, upon the subject, that they may report their opin- 
 ion thereupon to the next Assembly. 
 
 A judgment of the Synod of Fife, affirming a sentence 
 of the Presbytery of Cupar, sustaining a call to Mr. Geo. 
 
 * " Vacancy, November 1745. The patron's (the Duke of Hamilton) 
 commissioners give a trial to the parish of three candidates. A call was 
 moderated in favour of two of the candidates. For the one voted 56 heri- 
 tors and elders; for the other 19 heritors. For the first 120 heads of fami- 
 lies adhered. The patron, after the parish had been a year vacant (the time 
 being extended by " the Rebellion Act "), exercised his right of presentation, 
 with the view of terminating the heats and disturbance which the contest 
 had occasioned iu the parish." — Whigham. 
 
 f " Vacancy, 15th October, 1746. Call moderated by Presbytery on 8th 
 April, 1747 (a few days within the six months). Two candidates. Ten 
 heritors, four elders, and 78 heads of families, voted for the one ; five heri- 
 tors, five elders, and 210 heads of families, for the other. Heritbrs and 
 elders, 24 ; heads of families, 288; total, 312."— Whigham. 
 
 I 2 
 
100 ANNALS OF THE ASSEMBLY. [1747. 
 
 Simson, probationer, to be minister o^ Falkland,^ affirmed. 
 
 The sentence of the Synod of Aberdeen, sustaining a 
 call to Mr. William Innes, probationer, to be minister of 
 Skeney\ and reversing a sentence of the Presbj^tery of 
 Aberdeen, sustaining a call to Mr. George Abercroniby,:{: 
 minister at Footdee, to be minister at Skene, affirmed; 
 and the Presbytery of Aberdeen appointed to proceed to 
 Mr. Innes's trials and settlement. 
 
 The Presbytery of Cupar appointed to proceed to the 
 trials and settlement of Mr. James Bruce, probationer, 
 to be minister of the parish of Dunhog.\\ 
 
 The sentence of the Presbytery of Dumfries, sustaining 
 a call to xMr. William Clark, probationer, to be minister 
 of Kirkgunzeon^^^i^vm^d ; and he having, upon a former 
 occasion, passed his second trials before the Presbytery 
 of Kirkcudbright, the Presbytery of Dumfries are ap- 
 pointed, upon a proper certificate from the said Presby- 
 tery of Kirkcudbright of their approbation of Mr. Clark 
 on these his trials, to proceed to his settlement in the 
 parish of Kirkgunzeon. 
 
 The sentence of the Synod of Galloway, affirming a 
 sentence of the Presbytery of Kirkcudbright, refusing, 
 
 * " Call by Pre^hvteiy, "fi lOtli July, ] 746. T-.vo can.iidites put on the 
 leet. There voted for the one, 30 heritors, 2 elder", and 143 heuis of fami- 
 lies ; for the other, 63 heritors and elders, and 145 heads of fimilies. Heri- 
 tors and elders, 95 ; headi <.f families, 2H8 ; total, 383."— Wliigham. 
 
 f '• V.icancy occurred in June, 1746. Patron declined exercising his 
 right, and left the election to heritors and eMers. There voted for the one 
 candidate, 1 heritor, 7 elders, and 1J7 heads of families ; for the other, 9 
 heritors, 2 elders, and 92 heids of families." — Mr. Whigham gives the fol- 
 lowing ad'iitiimal particiilar* in his Examination (Ques. 2790). " It was 
 objected that the town of Ab.-rdeen had no right to vote as heritor*, because 
 they were a corporation. It was objected to one elector voting for Mr. 
 Ahercromhy, thit he wwf. poor, and received money once and again from the 
 congregation in charity. Answer. That he never received money in charity, 
 — a sm.ill sum is, inde d, >t ited in the Kirk-se»sion- accounts, which was 
 paid for putting up and taking down the Communion tables, he being a 
 Wright. What the term heritor meant was a fruitful s )urce of litigation. 
 Then as to heads of fimilies, the objections generally were that they were 
 not in communion — that th.y hid wivered in their views, &c." 
 
 I Probably the same persim who was afterw;irds one of the ministers of 
 the East Church, Aberdeen, and father of the eminent physician in Edin- 
 burgh of the same name. 
 
 II "Case of a call under protest on the part of the Crown, as patron." — 
 WhigJiam. 
 
 § " Jms (Uvolutum. For the one candidate there voted, 3 heritors, 2 
 elders, and 21 heads of families (tenants), and 6 cottars; for the other, 2 
 heritor^, 1 elder, 15 heads of families (tenants), and 24 cottars. Heritors 
 and elders, 8 ; heads ot families, 66 ; total, 74."— Whigham. 
 
1747.] DISPUTED SETTLEMENTS. lOl 
 
 before further procedure to the settlement of Mr. William 
 MacKie, probationer, as minister of JBalmaclellan,*^ to call 
 him before them, in order to his purging himself by oath, 
 with respect to ?i.fama clamosa raised against him, affirm- 
 ed. A libel given in to the said Presbytery, since last 
 meeting of the Synod, by Robert MacLellanof Barscobe, 
 and others, against the said Mr. MacKie, dismissed as 
 malicious, — the Assembly's dissatisfaction with the libel- 
 lers intimated to them ; and the Presbytery of Kirkcud- 
 bright appointed to proceed to Mr. MacKie's settlement, 
 as minister of Balmaclellan, according to the rules of the 
 Church. 
 
 Overtures re-transmitted about licensing probationers, 
 — about processes against probation ersf, — and about the 
 translations and paraphrases of several pieces of sacred 
 scripture. 
 
 The General Assembly do appoint the several Presby- 
 teries of this Church, to take an account of the number of 
 Papists, within their respective bounds, and of the names 
 of Popish Priests who haunt among them, and where they 
 hold their meetings, and to lay the same before the Com- 
 mission in November next, or as soon as possibly thev 
 can : And the Commission is hereby empowered and en- 
 joined to make proper representations concerning them to 
 the Civil Government. 
 
 An appeal by the Viscount of Stormont, and other 
 heritors of the parish of Scone,X callers of Mr. William 
 Currie, probationer, to be their minister, — from a sentence 
 of the Presbytery of Perth, sustaining a call, by others of 
 the said parish, to Mr. Lauchlan Taylor, probationer, to 
 be minister of Scone, read, — the said sentence of the 
 Presbytery reversed, and they appointed to proceed to a 
 new moderation of a call to one to be minister of Scone, 
 setting aside both Mr. Currie and Mr. Taylor from being 
 candidates. 
 
 * "/ms devolutum. There voted for one candidate, 10 heritors, 6 elders, 
 and 18 heads of families j for the other, 1 heritor, 2 elders, and 42 heads 
 of families. Heritors and elders, 19; heads of families, 60; total, 79." — 
 Whigham. 
 
 f This Overture was attacked in a pamphlet, entitled, " The unreason- 
 ableness of extending chap. 7 of the Form of Process to Probationers." 
 
 \ '■^ Jus devolutum exercised. For the one candidate there voted, 15 
 heritors; for the other, 15 heritors, 7 elders, and 150 heads of families. — 
 Heritors and elders, 37; heads of families, 150; total, 181."— Whigham. 
 
 I 3 
 
102 ANNALS OF THE ASSEMBLY. [1747. 
 
 The sentence of the Synod of Fife, sustaining a call to 
 Mr. Thomas Condie, probationer, to be minister of Dair- 
 sie,* aflBrmed ; and the Presbytery of Cupar appointed to 
 proceed to his trials, and settlement therein, with all con- 
 venient dispatc-h, according to the rules of this church. 
 
 Appeal of the University of Glasgow, patrons of the 
 parish of Govan,-\- from a sentence of the Presbytery of 
 Glasgow, reftising to concur with a call to Mr. William 
 Thorn,:}: probationer, to whom the University gave their 
 presentation to be minister of the parish of Go van, heard 
 — the said sentence reversed ; and the Presbytery ap- 
 pointed to proceed to Mr. Thom's settlement, as minister 
 of Govan, according to the rules of the Church. 
 
 Reference to the Commission finally to determine in 
 any complaint, reference, or appeal, which may be made 
 to them, relating to the settlement of the parish of Govan. 
 — [See the Commission meeting in November.] 
 
 Act reponing Mr. David Brown, late minister at Bel- 
 helvie, to the exercise of his office as a minister of the gos- 
 pel ; he having declared his resolution to go to foreign parts. 
 
 The sentence of the Synod of Merse and Teviotdale, 
 appointing the moderation of a call at large, to one to be 
 minister of the parish of Bedride, to be at the church of 
 Bedrule the 27th of May instant, afiirmed. 
 
 A petition of the Society for Propagating Christian 
 Knowledge, read ; and the Assembly earnestly recom- 
 mended and appointed a voluntary collection to be made 
 at all the parish church doors within Scotland, that so an 
 opportunity might be given to every one that inclines to 
 contribute. 
 
 May \Qth. The Assembly was concluded with prayer, 
 and singing of the 133d Psalm, and pronouncing the bless- 
 
 * ^^ Jus devolutum exercised. For the one candidate, 5 heritors, 3 elders, 
 and 57 heads of families ; for the other, 7 heritors, and 4 heads of families, 
 and 25 neutral. Heritors and elders, 15 ; heads of families, 51 ; total, 76." 
 — Whigham. 
 
 f " Vacant in 1745. The patrons offered a leet of two young men, after 
 having indulged the parish with a hearing of four. The case was the sub- 
 ject afterwards of a very tedious and anxious discussion, and the parish was 
 vacant for at least two years.'' — Whigham. 
 
 \ A man who became famous in his day, and is still remembered — more, 
 however, for eccentricity and sarcasm, than for prudence or piety. His 
 patrons, the Professors of Glasgow College, afterwards became the objects of 
 his keenest invective. 
 
1747.] CASE OF MR. MAN OF DDNKELD. 103 
 
 Among the cases referred to the Commission, the most 
 remarkable \va« that of Mr. Thomas Man^ minister ai 
 Dunkeld ; which was entered upon on the 19th. The 
 libel against him was taken under consideration article by 
 article, viz. 
 
 1. " That on Sabbath the 29th of September, 1745, the 
 day solemnized by the rebels for the victory at Preston, 
 and on one or more other Lord's-days during the rebel- 
 lion, Mr. Man omitted to pray nominatim for the King 
 and the Hoyal family." Answered, That he always 
 prayed nominatim, except on two Sabbaths ; that, on the 
 tirst, the Marquis of Tuilibardine, and other rebels, both 
 officers and private men, were in the church ; that he was 
 in danger of his life, having been threatened with pistols 
 at his breast, to be shot dead, if he shonld, and some of 
 the desperado rebels having planted themselves at the 
 kirk doors for that purpose, which could not but intimi- 
 date him very much ; that on the other Sabbath a body 
 of Western and Northern highlanders had filled the town, 
 and used the same threats as formerly ; that on the first 
 of those Sabbaths he prayed for the King, Duke, and 
 Princess of Wales, and all the Royal family ; and on the 
 other, for the King and all the Royal family, which ex- 
 pressions. Princess of Wales, and all the Royal family de- 
 termine the words not to be applicable to the pretender 
 and his two sons, but to his Majesty King George and 
 his family ; and that on all the other Sabbaths while he 
 was at home during the rebellion, he prayed nowdnatim, 
 though often insulted and threatened with death. The 
 Commission found the article relevant to infer censure, 
 and' the exculpation relevant to alleviate, but not totally 
 10 exculpate.* 
 
 * During the Rebellion nuthiiig excited the curiosity of the people more 
 than to hear how their ministers would "pray for the King." In Dundee 
 the clergy " pr.iyed for King George, and warmly exhorted their hearers to 
 be stedfist in their loyalty, all without molestation, though some of the 
 highlanders were present" — perhaps not understanding one word of English. 
 But " when illuminations were ordered, on account of the arrival of the 
 French, the Pie!<i)yterian Ministers' windows were broken because not illu- 
 minated ; — they threw stones, and even fired sharp shot into one of thera ; 
 and when violent attempts were made to break in, the family esc^iped by a 
 back door." — In Edinburgh, "a message was sent by the Chevdlier to the 
 dwelling-houses of the ministers, desiring them to continue public worship 
 as usual. The bells were accordingly rung, but none of the ministers ap- 
 peared."' Nor did they resume their functions so long as the rebels kept 
 poasessioQ of the city. *' But (say the newspapers of the day) Mr. Hoy^ 
 
104 ANNALS OF THE ASSEMBLY. [1747. 
 
 2. " That he drank the healths of the pretender and 
 his two sons, under the name of King, Prince, and Duke, 
 at an entertainment given by the Marquis of Tullibardine, 
 on the. rebels getting- possession of the city of Edinburgh ; 
 and that he illuminated the windows of his house on that 
 occasion, and also on the pretender's son's birth-day." 
 Answered, That he went to that meeting, along with the 
 Magistrates of the place, in order to protect his family 
 and eflFects, and the place, from the fury and insults of the 
 rebels ; and this was his real design, and not to concur in 
 the solemnity ; that three several messages were sent be- 
 fore he complied; and that it was fear influenced him to 
 attend : And with regard to the illuminations, that he was 
 absent ; that the candles were put up without his know- 
 ledge ; and that so soon as he came home, he caused them 
 to be extinguished, and gave his servants a severe reproof 
 for having put them up. The Commission found the 
 article relevant to infer censure, and the answer not rele- 
 vant, either to alleviate or exculpate. 
 
 3. " That he expressed his concern for the success of 
 the rebels, in words to this effect. If they do not succeed, 
 Scotland ivill he ruined ; that he spread false news of 
 landings of French forces and ammunition ; and that he 
 ordinarily kept Jacobite company." Answered, That the 
 first branch was not true ; that as to the second, what he 
 might have spoke, was through misinformation, but not 
 malo animo ; and that the third was laid in vague and 
 loose terms ; for while a man is guilty of no ouvert act 
 against the government, and lives peaceably, his character 
 
 Morning Lecturer in the Iron Church, continues to preach as formerly 
 without disturbance. Messrs. Macvicar and Pitcairn, in the West Kirk, 
 likewise continue in their ordinary, pray for King George, and warmly re- 
 commend loyalty. Numbers from the city go to hear them, and there is no 
 disturbance." The tenor of Mr. Macvicar's prayer, " that this young man 
 who had come in quest of an earthly crown might soon receive a heavenly 
 one," is generally known. The only other parishes near Edinburgh where 
 public worship was kept up were Corstorphine, Cramond, and Kirk-New- 
 ton. Mr. David Plenderleith of Ormiston continued to preach, but not in 
 the parish church ; and he published *' a Memorial concerning the Unnatural 
 Rebellion," in which he says: — " In my view of things, my officiating in a 
 place, appointed for public worship by the British King and Parliament, 
 under the countenance and protection, by the connivance and indulgence of 
 a Popish pretended prince then living in the King's palace, and exercising 
 a military despotic power over this part of the land, — my officiating, in these 
 circumstances, as minister of the church of Ormiston, I judged inconsistent 
 with the principles I entertained as to the sifest method of preserving the 
 interest of the Protestant religion and British liberty." 
 
1747.] CASE OF MR. MAN OF DUNKELD. 105 
 
 ought not to be tashed^ ; and if Mr. Man frequented the 
 company of persons suspected, it was to dissuade them 
 from entering into rebellious measures, as would appear 
 by the proof. The Commission found the first branch of 
 the article, relevant per se ; the second, as laid, not rele- 
 vant ; and the third, not relevant /?er se, but an aggravat- 
 ing circumstance joined with the first. 
 
 4. " That he propagated and supported the pretender's 
 title to the crown, saying, It was hard a young gentleman 
 should suffer for the fcndts of his ancestors ; and proposed 
 to make up differences, by marrying one of the Princesses 
 to the pretender's son, and giving him Hanover with her." 
 Answered, That the expression libelled did not apply to 
 the pretender's son, but to a gentleman's son in the neigh- 
 bourhood, who might lose the estate, (though it came by 
 his mother) through the fault of his father; and that the 
 latter clause was not true. The Commission found the 
 article relevant. 
 
 The relevancy being determined, the proof adduced 
 hinc inde was read, and objections to witnesses decided. 
 Next day, after long reasoning, the second article was 
 found confessed, and also proven ; which, connected with 
 the first article, subjected Mr. Man to censure. The others 
 were found not proven, A warm debate ensued upon the 
 degree of censure to be inflicted. At last the question 
 was put, Suspend or Depose ? and it carried for the for- 
 mer, by a great majority. Mr. Man lies under suspen- 
 sion till the 1st of November, and a minister of the Pres- 
 bytery was appointed to intimate the sentence to his con- 
 gregation on the second Sabbath of June.f 
 
 * A Scottish Gallicism, from tacher to spot, to stain, and figuratively, to 
 vilify. 
 
 f This is one of the very few instances of a minister of the Church seem- 
 ing to favour the prett-nsions of the Stuarts. The great body of the clergy 
 were not only faithful to their allegiance, but vigorously exerted themselves 
 in support of the King's government — some of them taking arms as volun- 
 teers along with their parishioners. Even after the rebel army was in pos- 
 session of Edinburgh, and had gained the battle of Prestonpans, the Synod 
 of Glasgow iind Ayr issued ii spirited memorial and admonition to the people 
 within their bounds, to be read from every pulpit. The ministers who 
 lived in the disaffecteil parts of the country were exposed to severe sufferings 
 from both sides. The complaint of the minister of Kilraalie, to the Assem- 
 bly, will be seen at p. 90 ; and it was probably from him that the following 
 letter came, which appeared in the newspapers of the day, dated June 26, 
 1746 : — " As the mo>t of this parish is burnt to ashes, and all the cattle be- 
 longing to the rebels carried off by bis Majesty's forces, there is no such thing 
 
106 ANNALS OF THE ASSEMBLY. [1747. 
 
 On a complaint by Mr. Alexander Maclaggan, minis- 
 ter of Little- Duukeld, against a sentence of the Commis- 
 sion in November last, by which he was excluded from 
 being a judge in the above cause, because he was a witness 
 against Mr. Man, the Assembly found, May 18, That a 
 person's having been examined as a >vitness in any part of 
 a process, does not disqualify him from being a judge.* 
 
 COMMISSION MEETING IN NOVEMBER. 
 
 The only business of importance was the settlement of 
 Govan. Notwithstanding the appointment of last As- 
 sembly, the Presbytery of Glasgow, by a resolution they 
 adopted on the 2d September, delayed entering on Mr. 
 Thom's trials, and continued a committee of their own 
 number to deal with the parish, if they thought they had 
 any prospect of success. Against this resolution an ap- 
 peal was brought to the Commission, who, on Nov. 11th, 
 appointed the Moderator of the Synod of Glasgow and 
 Ayr to call a Synod to meet at Glasgow, on the third 
 Tuesday of December ; and when so called, the Synod, 
 or any eleven ministers of them who should be willing, im- 
 mediately to take Mr. 1 hom on trials, and proceed to his 
 settlement, according to the rules of the Church. [He 
 was settled accordingly.] 
 
 as money or pennyworth to be got in this desolate place. I beg, therefore, 
 you will advise me what steps I shall take to recover my stipejids. My 
 family is now much increased, by the wives and infants of those in the re- 
 bellion in my parish crowding for a mouthful of bread to keep them from 
 starving; which no good christian can refuse, notwithstanding the villany 
 of their husbands and fathers to deprive us of our religion, liberty, and 
 bread." 
 
 * It was alleged, however, tbatlSIr. Maclaggan was also the first inf)rmer 
 and spreader oi the fama against Mr. Man, and the framer of the libel against 
 him; but the Assembly "judged these words to be inserted unnecessarily.'" 
 
1748.] widows' fund scheme amended. 107 
 
 1748. 
 
 The General Assembly met on the 12th of May, and 
 chose Mr. George Wishait, one of the ministers of the 
 Tron Church, Edinburgh, Moderator. Mr. Robert 
 Hamilton, minister of Lady Yester's, acted as Prmcipal 
 Clerk in room of Mr. Wishart. The Earl of Leven was 
 Hiarh Commissioner. , , i i 
 
 A representation was laid before the Assembly by the 
 trustees of the fund for the widows and orphans of minis- 
 ters, showing. That a great many old ministers chose 
 the higher classes, which was very disadvantageous to the 
 fund ; that the number of benefices in the Church and 
 Universities, and consequently the annual produce for 
 support of the fund, was considerably less, and the num- 
 ber of widows and families to be provided for would pro- 
 bably be considerably greater than was supposed at fram- 
 incr the scheme, the former being only 1013 instead of 
 1039, and the latter 364 instead of 321 ; that by these 
 disadvantages the stock, against the 1771, would probably 
 become stationary, and diminish every year after, as it 
 would then be only £47,633, Os. S^d., and would want 
 £10,000 of what it should at that time be to make it nse 
 to £63,860, the intended capital, and which will be abso- 
 lutely necessary when the greatest burden comes upon the 
 fund ; and that such deficiency would in the event either 
 deprive contiibutors' children of their just provisions, or 
 be an unequal burden on future entrants. It is therefore 
 proposed to apply to Parliament for having it enacted, 
 ]. That when a contributor dies before havmg paid into 
 the fund in whole a sum equal to three years of the an- 
 nuity tax, that such deficiency be made good to the fund, 
 by retaining one half of his widow's annuity till the defi- 
 ciency be extinguished, or by deducing it out of his child- 
 ren's stock.— 2. That the following sums be lent at Whit- 
 sunday yearly, for increasing the stock, even preferably 
 to the payment of the provisions for widows and children, 
 viz., preceding 1755, £3000 ; after 1754 till 1759, £2000; 
 after 1758 till 1765, £1000; after 1764 till 1780, £500; 
 and after 1779 till the capital be made up, £200.-3. That 
 after the capital is made up, the surplus be divided among 
 
108 ANNALS OF THE ASSEMBLY. [1748. 
 
 the widows and children entitled to annuities or stock 
 that year, in proportion to the taxes on which they claim 
 (the widows had no share of it by the first law). But 
 that tlie Assembly, or the trustees, be empowered, if it 
 shall be thought necessary, to apply such surplus for in- 
 creasing- the capital from £35,000 to £30,000, over and 
 above the £30 to be lent to each minister and professor. 
 — 4. That general letters of horning be issued from the 
 Court of Session, at the collector's instance, against con- 
 tributors, for payment of what shall be due by them to 
 the fund. — 5. That every incumbent on the continent 
 choose the rate at which he is to be taxed, on or before 
 the 15th of Jantiary that shall first happen after he has 
 liad right to one half-year's benefice or salary, or has held 
 his office for four calendar months, — And, 6. That the 
 four annual meetings of the trustees be held in their hall, 
 instead of the Old Ciiurch isle. 
 
 These amendments are approved of by the Assembly, 
 and application is to be made to Parliament accordingly. 
 — [An Act was obtained soon after " for explaining and 
 amending the Act 17mo. Geo. II." (see p. 45) and it 
 received the Royal Assent on the 26tli May, 1749.] 
 
 By instructions from the Synods of Glasgow and Ayr, 
 and Galloway, an overture was made to apply to the Le- 
 gislature, for an augmentation of stipend to the ministers 
 of the Church of Scotland. This was transmitted to the 
 Assembly by the proper committee, with an opinion, that 
 it should be committed, and an overture brought in upon 
 it. After long reasoning, the question was put, Appoint 
 a conwiittee, as proposed; or, Not"^ and it carried, H^ot. So 
 the proposal was rejected.* 
 
 The overture transmitted to Presbyteries, by the pre- 
 ceding Assembly, was, on the 18th, turned into an Act, 
 after some amendments had been made on it. It enacts, 
 That, in calling ministers, no person shall be admitted to 
 vote, who shall have either twice heard sermon, or attended 
 divine worship, performed by any minister or preacher 
 professing himself to be of the Episcopal communion^ in 
 any meeting or congregation not allowed by the laws, or 
 where his Majesty King George and the Royal Family 
 
 * I find from a pamphlet of the day, that it was thrown out by the cast- 
 ing vote of the Moderator. All theelders voted against it except seven, and 
 many ministers voted ^on liquet. 
 
 
1748.] OVERTURE ON REVOLUTION-PRINCIPLES. 109 
 
 were not prayed for in express words, within twelve 
 calendar months immediately preceding the vacancy, or 
 who, within that time, shall have received the sacrament 
 of the Lord's Supper dispensed hy such ministers, or al- 
 lowed their children to be baptized by any of them. That 
 it shall be competent to prove the said facts by the judicial 
 declaration of the person claiming a vote and objected to, 
 or by any other mean of proof known, and competent in 
 law ; and if the person objected to refuse to give such de- 
 claration, when required, that he be held as confessed. — 
 That such declaration shall not be admitted upon its hav- 
 ing reference in gener^d to the above exceptions, but that 
 it contain every one of them at length. That no proxy 
 be sustained, unless there be annexed to the commission 
 of proxy a subscribed declaration in the above terms ; and 
 that notwithstanding such declaration, it be competent to 
 object to the person claiming a vote by proxy, as falling 
 under these exceptions, and to bring proof of the objec- 
 tion. 
 
 An overture of the Presbytery of Edinburgh, and Sy- 
 nod of Lothian and Tweeddale, is transmitted to Presby- 
 teries, in order to have their opinion of it against next 
 Assembly, and the observation of it is, in the meantime, 
 recommended to all the ministers of the Church, viz. " The 
 General Assembly, taking to their serious consideration 
 the great ignorance of many among us, coiicerning the 
 principles of our glorious reformation from Popery, and of 
 our present happy Establishment since the Revolution ; — 
 that insensibility of the blessings we enjoy by these great 
 events which so sadly prevails ; — that \voful indifference 
 about the purity of religion, and disaffection to our happy 
 constitution, and to the person and government of our most 
 gracious sovereign King George, into which too many are 
 sunk, and the unhappy fruits of which we have so lately 
 felt ; and, in fine, tliat ungrateful forgetfulness of the signal 
 mercies of God to these lands, into which even the better 
 sort among us are too ready to fall, do therefore earnestly 
 beseech and obtest all the ministers of this Church to be 
 diligent in instructing the people committed to their care, 
 in those principles of pure Christianity that are particu- 
 larly opposite to the errors and corruptions of Popery 
 and in the grounds and reasons of the Reformation, and 
 the principles on which the late glorious Revolution and 
 
110 ANNALS OF THE ASSEMBLY. [1748. 
 
 our present happy Establishment are founded ; and to stir 
 up all to a grateful sense and suitable improvement of the 
 inestimable blessings we enjoy by the free exercise of the 
 pure religion of Jesus, and the securities of our liberties 
 and properties under a legal government : and for these 
 purposes, and perpetuating the memory of the great things 
 God has done for us in these lands, the General Assembly 
 do particularly appoint all the ministers of this Church to 
 preach expressly, and on purpose, upon the subjects above^ 
 mentioned, or some of them, on four Lord's-days every 
 year, viz., the first Lord's-day of the montlis of August, 
 November, February, and May, with proper exhortations 
 to their people, and suitable prayers and praises to our 
 gracious God, in the name of tlie only Mediator between 
 God and man, our Lord Jesus Christ ; and if any circum- 
 stance shall occur to render it particularly inconvenient to 
 any minister to preach on those subjects upon any one of 
 those Lord's-days mentioned, he is hereby enjoined to be 
 mindful of it the first Lord's-day after it that he conveni- 
 ently can."* 
 
 * It was soon f(nind that froin various cause, this recommendation 
 would by many be disregaided. Accordingly, in the month of November, 
 there appeared a pamphlet with the title, " The Overture concerning 
 i)reaching on the principles of tlie Eeformatinn and Revolution consider- 
 ed." It consists of a laboured defence of the Overture, in answer to those 
 who were already proposing fo withdraw it. •' This overture," it is said, 
 " had it" rise from a number of well-di'spnsed persons in Edinburgh, 
 who had set themselves to revive and keep up that spirit of zeal for our 
 religious and civil liberties, and onr happy constitution, the decay of 
 which had been of late so sadly felt; and to have stated meetings for 
 this purpose on certain days of the yeir, made remarkable either by the 
 event of the glorious Revolution, or some signal appearances of providence 
 in maintaining a revolutitm-interest. They judged it would contribute to 
 give their joy and thankfulness on these occasions a proper turn, and might, 
 by the blessing of God, have very happy effects, if, on some part of those 
 days of rejoicing, a sermon was preached, and public prayers and praises 
 offered up to our gracious God, suitable to the occasion. This being pro- 
 posed to ministers, and several of them having had it under consideration, it 
 occurred, that fixing asseniblie«! for religious exercises to any stated anniver- 
 sary week-days, might be liable to exception from some well-disposed people, 
 and might afford occasion of raillery to the enemies of our Church ; and 
 that, therefore, it would be more ptoper to have sermons and exercises of 
 devotion, to the purpose proposed, on certain recurning Lord's-days, in the 
 several churches, as of more univer>al edification, than if performed only in 
 one church of the city, on a week-day — It occurred likewise, that the doing 
 this in our metropolis, though indeed a good deal, was far short of what was 
 necessary ; that as the disease was too general among ua, the remedy should 
 l)e as extensive ; and that as the subjects of the sermons proposed were of 
 equal importance to all corners of the Church, they should be universal and 
 
1748.] CASE OF ADAM OF CATHCART. Ill 
 
 The translations and paraphrases of passages of scrip- 
 ture, with amendments offered, are remitted to the com- 
 mittee named by the preceding Assemblies ; and it is re- 
 commended to Presbyteries and members to take the af- 
 fair under consideration. 
 
 A reference was made to the Assembly by the Presby- 
 tery of Glasgow, in relation to Mr George Adam, late 
 minister at Caihcart. This gentleman having fallen into 
 the sin of fornication with his own servant, judicially con- 
 fessed his guilt. He was thereupon deposed, and under- 
 went a course of discipline. On that occasion, and ever 
 after, he gave evident signs of a sincere repentance. This, 
 joined with the singularly good character he had maintained 
 in every period of his life till that unhappy event, and his 
 particular usefulness in his ministerial office, so endeared 
 him to his parish, that the whole elders applied to the 
 Presbytery for reponing him to the ministry ; and, this 
 done, the patron, the whole heritors, elders and other 
 parishioners, applied for having him resettled in his church. 
 The Assembly were of opinion, " that this case, in its so 
 peculiarly favourable circumstances, deserved to be dis- 
 tinguished from others ; and therefore, without derogat- 
 ing from the force of the Acts by which Presbyteries are 
 bound up from reponing ministers deposed for immorali- 
 ties to their former charge, but expressly confirming them, 
 they authorized the Presbytery to settle him again in the 
 parish of Cathcart,* (if proper application should be made 
 to them,) proceeding in the same form as if he had not been 
 
 fixed." In answer to the objection that this would be preaching politics, the 
 writer says : — " Is it preaching politics, in any culpable sense, to show peo- 
 ple that we are not guilty of a gross piece of injustice and damnable rebel- 
 lion, in submitting to the present government? Is h preaching politics, 
 to confute the corruptions and abominations of Poperi/, and establish people 
 in a just abhorrence of them, and a love and adherence to the pure doctrines 
 and institutions of the Lord Jesus? Is it preaching politics, to excite and 
 promote in our people a thankful sense of the signal deliverances God ha« 
 wrought for us in these lands, and of the great blessings we enjoy by his good 
 providence?" He concludes with the observation, " That the laying aside 
 this overture, after our Church has gone so far as to recommend the observa- 
 tion of it, would be a matter of great offence to our Protestant brethren in 
 England, both in the Church, and among the Dissenters, and be matter 
 of triumph to our common adversaries." — The result will be seen under next 
 year. 
 
 • Mr. Adam was accordingly re-placed minister of Cathcart, on the 17th 
 August. His case is supposed to have suggested to Lockhait the ground- 
 work of «'Some Remarkable Passages in the Life of Mr. Adam Blair." 
 
 k2 
 
112 ANNALS OF THE ASSEMBLY. [1748. 
 
 settled in that cliurch before; provided always, that no 
 minister deposed for immoralities shall be capable of be- 
 ing restored to his former charge, in any circumstances 
 whatsoever, without the special authority of the General 
 Assembly appointing it." 
 
 Resolution, That by the minute, relating to the election 
 of the Moderator, and the power given him of deputing 
 a Clerk, with the approbation of the Assembly, is not 
 meant that Mr. VVishart had, or that he, or any future 
 Clerk, is to be understood to have a power of deputing a 
 Clerk to act for him, without the previous allowance of 
 the Assembly, and their approbation of the person deputed. 
 
 The sentence of the Synod of Galloway, affirming a 
 judgment of the Presbytery of Kirkcudbright, sustaining 
 a call, by heritors and elders of the parish of Tongland, 
 to Mr. Alexander Brown, probationer, to be minister of 
 that parish affirmed, and the said Presbytery appointed 
 to proceed to Ids trials and settlement with all convenient 
 dispatch, according to the rules of this Church. 
 
 Resolution to be observed as a rule in time coming, 
 That when the rolls are called over in order to voting, no 
 member happening to be omitted shall have liberty to vote 
 nnless he stand up and claim his vote in his place, or while 
 the Commissioners' names from his Presbytery or Synod 
 are calling over ; and an appointment, that when the Clerk 
 wants to be informed how a vote is given, the person who 
 gave it shall be again called upon, and he is to stand and 
 speak up his vote. 
 
 A representation of the Synod of Angus and Mearns, 
 proceeding upon a petition of the Presbytery of Meigle, 
 craving that the Procurator for the Church may be ap- 
 pointed to appear in support of the privileges of the said 
 Church judicatories, in a case now depending before them, 
 concerning the schoolmaster of Aylth, who is libelled for 
 disloyalty^ and the cause advocated to the Court of Ses- 
 sion, is remitted to the committee on the public accompts. 
 
 Overtures about processes against probationers, and 
 about licensing probationers, re-transmitted. 
 
 The sentence of the Synod of Fife, affirming a judg- 
 ment of tiie Presbytery of Dunfermline, sustaining a call 
 to Mr. Thomas Fernie, one of the ministers of Dumferm- 
 line, to be one of the ministers of Cidross, and rejecting a 
 presentation by Mr. Charles Cochran, claiming to be 
 
1748.] CASE OF CAMPBELL OF PAISLEY. 11,3 
 
 patron of that parish, to Mr. William Trotter, probationer, 
 to be minister thereof, affirmed, and the Presbytery ap- 
 pointed to proceed in a process for Mr. Fernie's transpor- 
 tation and settlement, as one of the ministers of the town 
 and parish of Culross, with all convenient speed, accord- 
 ing to the rules of this Church.* 
 
 Order for summoning Mr. Charles Cochran of Culross 
 to appear at the bar of the Assembly, to-morrow at II 
 o'clock forenoon, to answer for his conduct in emitting 
 expressions, containing an open and gross accusation 
 against Mr. Hardy,f minister of Culross, and for the indig- 
 nity done to his Majesty s High Commissioner, and to the 
 Assembly by emitting these expressions in their presence. 
 
 Mr. Charles Cochran compeared next day, and acknow- 
 ledged that he had not sufficient proof for saying yester- 
 day what he had spoke out relating to ^Ir. Hardy, and, 
 being rebuked and admonished from the Chair, the affair 
 was dismissed. 
 
 The sentence of the Synod of Glasgow and Ayr, re- 
 fusing to appoint the Presbytery of Paisley to proceed 
 to the settlement of Mr. James Campbell, probationer, 
 as minister of the Abbey Parish of Paisley, affirmed, and 
 the said Presbytery directed to appoint the moderation 
 of a call at large for supplying the said vacancy. 
 
 Report of the committee appointed to consider the case 
 relating to Mr. James Campbell, probationer, candidate 
 for the Abbey Parish of Paisley brouglit in, and the As- 
 sembly considering that certain things had been thrown 
 out in the course of the process, and pleading of parties, 
 tending to raise suspicions of Mr. Campbell's loyalty, de- 
 clared from all that was laid before them, there did not 
 appear just foundation for these suspicions, and that it is 
 the Assembly's opinion, no regard be had to such suspi- 
 cions, unless upon a previous trial and inquiry, there be 
 found ground for them. 
 
 An overture transmitted from the committee for over- 
 
 • A full statement of this interesting case will be found under the follow- 
 ing year. 
 
 f He was the father of Dr. Hudy, the distinguishe I Professor of Church 
 History in the Uuiversity of Edinburgh. Sir Henry Moncrieff describe* 
 him as a faithful and conscientious minister, \\\\u (like his son) died in the 
 prime of life univeisally resj)ected and regretted. Dr. Etikioe succeeded 
 iiiiu i,i 175"<J. — Moncrieff's Life of Erskine, p. 187. 
 
 K 3 
 
114 ANNALS OF THE ASSEMBLY. [1748. 
 
 tures, about allowing viaticums out of the public money, 
 read, and the Assembly ordered that the £6 sterling- for- 
 merly allowed for a viaticum for one Commissioner yearly 
 from each of the Presbyteries of Lorn, Mull, Abertarph, 
 Tongue, Kirkwall, Cairstonand North Isles, be divided be- 
 twixt them and the Presbyteries of Gairloch, Dornoch 
 and Caithness, and that the viaticum in time coming to 
 one Commissioner from each of all these Presbyteries be 
 restricted to £4 sterling. 
 
 The sentence of the Synod of Lothian, affirming a judg- 
 ment of the Presbytery of Dunbar, sustaining a call to 
 Mr. David Spence, probationer, to be minister of Cock- 
 hurnspath affirmed ; and the said Presbytery appointed 
 to proceed to the trials and settlement of the said Mr. 
 David Spence, as minister of the parish of Cockburnspath 
 with all convenient speed, according to the rules of this 
 Church. 
 
 A petition of certain Highlanders residing in and re- 
 sorting to the city of Edinburgh and suburbs, craving, 
 that the Assembly would direct the managers of the royal 
 bounty, or recommend to the Society for propagating 
 Christian Knowledge, to grant an allowance of £10 for 
 an additional encouragement to what they contribute 
 themselves for a person to preach, and otherwise instruct 
 them in their own language, remitted to the Presbytery 
 of Edinburgh, to make proper inquiry into the necessity 
 of employing a preacher, in, or about the city, having the 
 Irish language. 
 
 Protestation admitted at the instance of the Synod of 
 Sutherland and Caithness, and Presbytery of Tongue, 
 against Mr. John Skeldoch, minister at Farr, for not in- 
 sisting in his appeal from a sentence of the said Synod, 
 appointing the foresaid Presbytery to give him a libel*/or 
 holding in tack great and extensive possessions in his 
 parish^ and for sundry acts of alleged oppression of the 
 tenants of the said possessions, as also for his prevarica- 
 tions and other miscarriages mentioned in the said sen- 
 tence, and the said appeal declared to be deserted and 
 fallen from. 
 
 * The process did not lead to his deposition, for two years after we find 
 him applying to the Assembly for ''an Itinerant Preacher, Schoolmaster 
 and Catechist, to the parish of Farr." 
 
 i 
 
1749.] CASE OF MR. MAN OF MONEIDIE. 115 
 
 May 23. The Assembly was concluded vc\\\\ prayer, 
 and singing a part of the 89th Psahn from the 15th to the 
 19th verse, and pronouncing the blessing. 
 
 The Commission took up an appeal by Mr. Gilbert 
 Man, minister at Moneidie, against a sentence of deposi- 
 tion pronounced against him by the Synod of Perth and 
 Stirling. The libel consisted of four articles, viz. L Put- 
 ting away his wife ; 2. Drunkenness ; 3. Profane cursing 
 and swearing, and obscene language ; and 4. Immodest 
 carriage with one or more young women. Of these the 
 first and second were by the Commission found irrelevant, 
 as laid ; and the fourth having been found relevant, but 
 not proven, by the Synod, was not appealed from. The 
 third article was found relevant as laid, by a very narrow 
 majority ; and one act of swearing, and a single instance 
 of immodest language several years ago, were found pro- 
 ven. On this the question was put. Whether this article, 
 as it stood in the proof, was a sufficient ground for deposi- 
 tion ? and it carried in the negative. After reasoning on 
 the degree of censure to be inflicted, the court, without a 
 vote, agreed to suspend Air. Man till the meeting of the 
 Commission in November, reserving power to the Pres- 
 bytery of Dunkeld to inquire further into his conduct, as 
 they should see cause. 
 
 1749. 
 
 The General Assembly met on the Uth of May, and 
 chose Mr. Patrick Cuming, one of the ministers of Edin- 
 burgh, Moderator. The Earl of Leven was High Com- 
 missioner. 
 
 The following overture was transmitted to the Assem- 
 bly, May 15 :—" Edinburgh, May 13, 1749. The com- 
 mittee of overtures had laid before them, instructions from 
 five Synods and twenty-five Presbyteries, to the Com- 
 missioners from their several bounds, to insist at this As- 
 sembly for the necessity of an Augmentation of Stipends 
 in Scotland, and for the Assembly's applying to the Legis- 
 lature for that purpose ; together with an overture from a 
 sixth Synod, that the Assembly should give that attention 
 
116 ANNALS OF THE ASSEMBLY. [1749. 
 
 to this affair, that a matter of so great importance and 
 delicacy challenges, and if any probable measure can be 
 fallen upon that may answer this end, that the greatest 
 unanimity should be studied in following it : which being 
 considered by the committee, they did unanimously agree, 
 That an augmentation of the generality of ministers' sti- 
 pends in this Church was highly re.isonable and necessary ; 
 and by a very great majority do give it as their opinion, 
 That the Assembly should take this matter under consider- 
 ation at their diet on Monday next, and should resolve on 
 an humble application to the King and Parliament for the 
 purpose above mentioned." 
 
 The Assembly delayed the consideration of this pro- 
 posal till the 17th, when there Mas long reasoning 
 on the subject. Some argued for a general, others for a 
 particular augmentation ; some for a speedy application 
 to Parliament, others for delaying it till an inquiry should 
 be made into the state of the tithes and of the different 
 parishes in Scotland ; and some were against the scheme 
 in any shape. We give the two principal speeches de- 
 livered, one on each side of the question. 
 
 Mr. William Steel, minister of Sorn, in Ayrshire, spoke 
 as follows, in support of the motion : — 
 
 Moderator, — The ministers of the gospel in this 
 Church are accounted necessary to the religious concerns 
 of the people under their care ; they are necessary to the 
 temporal and everlasting interests of men ; they are a ne- 
 cessary security to the liberties, strength and glory of our 
 civil constitution : let such then as regard them in these 
 views, consider whether or not the discharge of the minis- 
 terial duties ought so to employ our thoughts, time and 
 pains, that we cannot provide subsistence for ourselves and 
 our families by any secular business. These being admitted, 
 it may be inquired, Who ought to maintain and support 
 us ? Previous to any legal establishment in our favour, 
 those persons who called a minister to serve them, obhged 
 themselves to maintain and support him. But, now that 
 the Legislature have taken this care upon themselves, to 
 them only we must make our representations ; from them 
 we must look for assistance in this matter. It comes now 
 to the question, Whether or not the stipend presently 
 settled by law in our favour, be such as supersedes the ne- 
 cessity of applying to our Most Gracious Sovereign, and 
 the high court of Parliament, for an augmentation ? 
 
1749.] THE AUGMENTATION-SCHEME. 117 
 
 Thus I am brought by a very short and straight line, to 
 speak of the present stipend in Scotland. The latest 
 standing law settling the same, was enacted about 120 
 years ago, in the reign of King Charles I. appointing eight 
 chalders of victual, or 800 nierks as the minimum of any 
 stipend in Scotland ; leaving it to the Lords for Planta- 
 tion of Kirks and Valuation of Teinds, to grant decreets 
 of modifications and locality, without restricting their 
 Lordships by a maximum. The Lords of Session, who 
 were appointed for this purpose, have been in use ever 
 since that time to judge and determine in this matter ; 
 and have generally of late years made the minimum their 
 rule, even in cases where there was sufficient fund for 
 going beyond it ; which we cannot ajiprehend to have 
 been the sense of the laAv, fixing the minimum, as their 
 Lordships were not restricted by it. But such is the 
 present state of the stipends in Scotland, notwithstanding 
 the augmentations that have been granted, that, at a 
 medium, it scarcely exceeds £52 sterling, and in many 
 places extremely ill paid. Can this, as living goes at pre- 
 sent, be deemed a suitable support for a minister's family ? 
 can this answer the necessary expense of maintenance, 
 clothing, and education to his family as a gentleman ; 
 and at the same time defray his charge as a minister, in 
 buying books, attending judicatures, and bestowing cha- 
 rity ? Jf the settlement made in our favour about 120 
 years ago, was only a reasonable allowance for these pur- 
 poses then, it must fall vastly short of a reasonable stipend 
 now, when the value of m(»ney is so remarkably fallen, 
 and the price of vivers and other necessaries so universally 
 increased. If the stipend at a medium falls so far below 
 the necessary expense of our character, and of the times 
 we live in, what must be the case, when we take off 340 
 livings above 70, 80, 90, and £100; what must be the 
 case with the remaining 600 ministers, whose benefices do 
 not exceed, some 60, some 50, some 40, some £30 sterling, 
 the pay of a land waiter, or the lowest excise officer ? 
 Can these, any of these, be reckoned a suitable provision 
 for the ministers of the gospel ? What a mean and com- 
 fortless life must they lead ! how languid and disheartened 
 must they be in the exercise of their ministry ! Surely 
 there is no minister, no elder, nor any well-wisher to the 
 religion and servants of Christ, so void of bowels as not 
 
118 ANNALS OF THE ASSEMBLY. [1749. 
 
 to feel the hardships, and commiserate the wants, of such 
 indigent brethren. It were very becoming-, that such as 
 have enough, and to spare, were stretching out the 
 brotherly hand, and distributing to their necessities. 
 Ought we not to love as brethren ; to be pitiful, to be 
 courteous ; having compassion one of another ; bearing one 
 another's burdens ; looking every man not upon his own 
 things, but every man also on the things of others ; thus fid- 
 filling not only the law of our nature, but also fulfilling 
 the law of Christ, our common master ? 
 
 For my own part I have done what I could to promote 
 this just and necessary design ; nor can I lessen my con- 
 cern for its success, while J retain my bowels as a man, 
 my principles as a minister, my loyalty as a subject to the 
 best of Sovereigns, and my zealous attachment to the 
 noblest constitution. 
 
 Having spoke to the reasonableness and necessity of 
 applying to the Legislature for an augmentation, I proceed 
 now. Sir, to consider some objections which may be urged 
 against our application. 
 
 1. " We will not succeed till we reconcile the landed 
 interest by private methods." How is it to be expected, 
 that we shall gain them, when we reflect, that some of 
 them are known Jacobites ? Is it likely those will be re- 
 conciled by private hands to support the ministers of the 
 Church of Scotland, the avowed enemies of Jacobitism 
 and disaffection ? Others, I am sorry to say it, have not 
 all the regard to religion and its teachers we could wish. 
 What countenance, what assistance, can we expect from 
 them in this matter ? I observe it indeed with pleasure, 
 that the great.part of the quality and gentlemen in Scot- 
 land are steadv friends to our happy establishment in 
 Church and State ; yet these are likeliest to be prevailed 
 on, when the Assembly have found an application to Par- 
 liament for an augmentation reasonable and necessary. 
 
 2. It is objected, " That the ministry will not disoblige 
 the landed interest to relieve the clergy." Nothing could 
 have drawn from me such an indecent objection, but the 
 use that has been made of it against us without doors. I 
 look upon it. Sir, as a high imputation on the Parliament 
 of Great Britain, to suppose or imagine, that they will be 
 misled by partial views or selfish motives, without regard- 
 ing the merits of the cause that comes before them. Our 
 
1749.J SPEECH OF MR. STEEL OF SORN. 119 
 
 hopes of success are founded in the righteousness of our 
 cause, and the known equity and righteousness of that 
 supreme court ; as also in the just impressions which his 
 Majesty, the Prince of VYales, and theDiike of Cumber- 
 land, are pleased to entertain of our usefulness and impor- 
 tance. Nay, when the Legislature regards this matter, 
 even in a political light, they will easily see, that not only 
 the sacred interests of religion, virtue and learning, must 
 suifer, if the ministers of the gospel are not suitably sup- 
 ported ; but also, that the strength and glory of the Pro- 
 testant constitution must sink in proportion as the minis- 
 ters of this Church are reduced to poverty and contempt. 
 3. It is objected, " Though we might succeed, yet there 
 is no plan, no scheme.' Sir, there is a plan ready to be 
 laid before any committee that shall be appointed to con- 
 sider this matter : a plan very short and simple, as the 
 whole of this question is ; in substance thus : " Whereas 
 the stipend in Scotland is insufficient for the comfortable 
 support of the ministers, and that there are funds suffi- 
 cient for their relief, the Legislature would be pleased to 
 raise the minimum, so as to bear some tolerable propor- 
 tion to the remarkable alterations in the necessary expense 
 of life since the minimum was last fixed." 
 
 Though I am now languishing out the remains of a 
 frail and sickly life, having little expectation of reaping 
 any benefit by the augmentation to myself, or my family ; 
 yet it affords me an unspeakable satisfaction, to think, 
 that, when I am gone, the ministers of the Church of 
 Scotland shall be decently supported, and remain a last- 
 ing security to the incomparable interests of religion, 
 liberty, and learning. 
 
 In opposition to the proposal the Earl of Morchmont* 
 spoke thus : — 
 
 Moderator, — As you have called upon me to give my 
 
 * This was Hugh, the third and l;ist Earl of iMarchmnnt, grandson of Sir 
 Patrick Hume, the founder of the family, and nephew of Lady Grize! Baillie, 
 immortalised hy her filial devotedness in the days of persecution. Uader the 
 title of Lord Polwarth he had attained some distinctinn as a Parliamentary- 
 speaker ; and when he succeeded to the Earldom in 1740, having to retire 
 from the House of Commons, and not heing elected a representative Peer, 
 he was content to transfer his peculiar eloquence to the theatre of the General 
 Assembly, as Elder from the Presbytery of Dunse. He was a friend and 
 one of the executors of Pope the poet, and also an intimate acquaintance of 
 Bolingbroke and others of that school — so that his qualifications for th-* 
 Eldership must have been of rather a questionable characten 
 
120 ANNALS OF THE ASSEMBLY. [1749. 
 
 opinion on this affair now before you, which is of high im- 
 portance to this Church, I shall endeavour to give it you 
 as clearly and distinctly as I am able ; hoping that all 
 the facts that relate to it, have been already stated, and 
 laid before you. 
 
 I came to this house this morning entirely unprepared, 
 without the least knowledge of the matter, further than 
 what 1 learned from report. Since 1 came here I have 
 heard a great many learned arguments used on both sides, 
 to which I have given the closest attention, and have from 
 thence formed a conclusion, which I shall state to you 
 directly. 
 
 And, in the first place, I must observe, that this is not 
 to be considered as a point of doctrine, in wliich zeal is 
 always commendable ; but as a worldly matter, and there- 
 fore to be treated v/ith the same freedom as is usual in 
 affairs of that nature. Having said so much, 1 solemnly 
 declare, that I am of opinion the small livings in Scotland 
 should be augmented. As I am a member of the Church 
 of Scotland, I have the greatest regard for her interests, 
 and shall ever endeavour to promote them ; I am tliere- 
 fore for giving every clergyman a competency sufficient 
 for his support as a minister. As for your maximums or 
 your minimums, I know nothing of these abstruse terms ; 
 I have employed my time in more agreeable studies, and 
 I hope also, at least to me, more useful ones : I say there- 
 fore, tliat I am for the ministers of the Church of Scot- 
 land having a competency provided for them, and no more. 
 
 No one will say but the small livings in Scotland ought 
 to be augmented ; but I am sorry to say it, tliat I think 
 those gentlemen who have been the contrivers of this scheme 
 now under your consideration, have gone to work in a 
 very wrong way, if ever they intended it should succeed. 
 They come here with a crude and undigested proposal, 
 That the Assembly should resolve, that it is reasonable 
 and necessary that the generality of the livings in Scot- 
 land should be augmented, and therefore immediate appli- 
 cation should be made to Parliament for an augmentation 
 of these livings. On what do they found such an appli- 
 cation ? Where is their evidence of its necessity ? What 
 are these livings that require it? The generality of the 
 livings in Scotland, say they. I don't understand these 
 terms, Sir. Many and generality^ these are relative terras, 
 
1749.] SPEECH OF THE EARL OF MARCHMONT. 121 
 
 which do not convey a clear and distinct idea of the thing. 
 No such terms as tliese must he used in an application to 
 Parliament, Sir: they must be plain ; and every living- in 
 Scotland that needs such augmentation, must be conde- 
 scended on with precision. 
 
 But further, Sir, I deny that there are many livings in 
 Scotland which need such augmentation. Some indeed 
 there may be ; but they are only a few : and if these are 
 not augmented, at least to what you call the minimum 
 fixed by Act of Parliament, it is entirely owing to the 
 neghgence of the incumbents, in not making proper ap- 
 plication to the Court of Session, who are empowered to 
 take cognizance of these matters, and who can, and ever 
 have given even more than the law allows, as a very 
 learned judge* near me has already declared. And here 
 I cannot but observe, that it is with the greatest surprise 
 I have heard the conduct of that court dragged into this 
 debate, and arraigned for no less a crime than that of hav- 
 ing not acted according to law, in seldom giving an aug- 
 mentation as high as the minimum, and never above it. 
 This the same learned judge has already disproved ; and 
 I must own, that I think it ill becomes these gentlemen to 
 treat such an honourable court, to whom they owe great 
 obligations, with such an undecent freedom. 
 
 From what then does the necessity of this application 
 appear ? O, says one gentleman, the times, the expense 
 of living is altered. Says another, It is necessary we 
 should have finer clothes, make a grander appearance, in 
 order to make us respected, and enforce our doctrine. 1 
 never knew before, that shew, or a gaudy dress, was a 
 necessary part of a minister's character. For my part, I 
 should look upon any of you who appeared in such dress, 
 iu the same light as I would, if I saw you in a procession 
 wearing a philibeg, or Harlequin's coat ; that is, I would 
 consider you as madmen. I ever imagined, that the 
 main support of the Church of Scotland, had been her 
 purity, and contempt of the pomp and riches so much com- 
 plained of in the Church of Rome. I am sure it has been 
 lier purity and poverty that has hitherto preserved her. 
 A memberf near me very well observed, that although 
 
 * The Lord President (Dundaa of Arniston) — thejirst President of that 
 name, 
 f Mr. Thomas Tutnbull of Borthwick. 
 
 L 
 
122 ANNALS OF THE ASSEMBLY. [1749. 
 
 the Church of Rome endeavoured to draw as great riches, 
 and procure as great grandeur to the clergy as any church 
 in the world, yet that even they thought it proper, for the 
 preservation of the esteem of the laity, to have a begging 
 order of men, remarkable for their piety and poverty, and 
 who have done more for the support of that corrupt 
 church than all their other clergy besides. Gentlemen 
 who talk of the luxurious and loose life of these mendi- 
 cants, seem to know little of the world, and to have never 
 conversed on that subject with any other that knew more 
 of it than themselves. Were one of these gentlemen to 
 tell a Popish gentleman or a Popish priest so, he would 
 be laughed at ; and he would as soon convince either of 
 these, that the mendicants were not good, pious, and re- 
 ligious men, by such arguments as have now been used to 
 prove it, as he would convince a Jew of any point in his 
 religion, from a text of the New Testament. 
 
 From whom, pray, have the Roman Catholics had all 
 their saints and martyrs ? Why, from that very begging 
 order. 
 
 But to proceed to the affair in hand : Another member* 
 has said very justly, that before we can form any judg- 
 ment on that point, we must know where these small liv- 
 ings lie ; as 1 believe they generally are situated in parts 
 of the country where no alteration has happened as to the 
 expense of living, (another argument used for the neces- 
 sity of the application), and where money is double the 
 value of what it is here. A zeal in spiritual matters has 
 been ever laudable ; but I am sorry to observe many of 
 the clergy of Scotland, formerly remarkable for modera- 
 tion, now giving into a wild zeal and desire after the means 
 of luxury and extravagance. I wish that all clergy- 
 men had a competency sufficient to enable them to provide 
 for their sons at the university, and their other children 
 in a proper manner ; but in judging of the condition of 
 the children, we must consider the conduct of the parents, 
 and not think that the children of every man that dies 
 poor, are immediately to be relieved at the public expense. 
 No ; we must consider the revenue and income of the 
 father ; and find, whether he had not the ability, if a good 
 manager, of providing for his children. And give me 
 
 * Mfi James Lindsay, at Duinbaraie, formerly of Lauder* 
 
1749.] SPEECH OF THE EARL OF MARCHMONT. 123 
 
 leave to say it, they have not all been good managers who 
 have died of late. I myself knew a clergyman in Scot- 
 land, who had one of the best livings in it ; how he spent 
 his income, I shall not say, but so it was that he died as 
 poor as a rat ; and if he had left any family, they would 
 probably have been of the mendicant order. But that 
 was not all : he borrowed large sums of money from other 
 people, and even that went the same way with his own ; 
 the gentleman died, they were never paid, and some of 
 these may be mendicants now. 
 
 I shall now consider the manner in which this project 
 seems to have been conducted. 
 
 One would have readily thought, that the proper way 
 to have proceeded was, to have gained the consent and 
 interest of the landholders of Scotland, before such a pro- 
 posal had been brought into any church-judicature. But 
 what a contrary method has been pursued ? These gen- 
 tlemen have never been applied to, though it is from them 
 that the augmentation proposed is to be taken. And 
 what reason have we for this ? Why, these gentlemen 
 are traduced in the most scandalous and unbecoming man- 
 ner : tliey are classed into odious divisions, of Jacobites, 
 people that have no regard for rehgion, or Atheists ; and 
 some, a few, that are well-aiOPected to the government. 
 This treatment, as the learned judge near me observed, is 
 strange and surprising ; and I cannot but say that such 
 epithets so applied struck me with astonishment. AVhat ! 
 are the majority of the landed interest in Scotland Ja- 
 cobites ? No ; I aver they are the smallest part either in 
 interest or number. And even these enemies of the con- 
 stitution are honoured with the preference of its true 
 friends, who are ranked in the last class, as the most con- 
 temptible. The second is said to be made up of Atheists, 
 or persons who have no regard to religion. What ! has 
 the preaching of the gospel lost its power ? Are the 
 clergy no longer able to withstand the objections of infi- 
 dels ? I am sorry such a circumstance should be talked 
 of by any clergyman of the Church of Scotland, especially 
 in this Venerable A ssembly. It truly raises my indigna- 
 tion, to hear so frightful a description of the gentlemen in 
 that particular part of the country from whence I have 
 drawn the one half of my blood. No part, surely, can 
 boast of greater champions, in former times, for the Church 
 
124 ANNALS OF THE ASSEMBLY. [1749. 
 
 of Scotland : if the case is otherwise now, surely it is 
 little to the honour of their clergy ; and shows, that they 
 must either be very negligent of their duty, or that the 
 grace of God has forsaken their ministrations. Shame, 
 that ever such a thing should be heard of ! 
 
 What way then are you to proceed in this application, 
 after throwing the landed interest so contemptuously out 
 of the question ? Why, without the least evidence of any 
 one fact founded on, or without any certainty of the man- 
 ner how this money is to be raised, you enter into a reso- 
 lution, like the Pope and the Council of Trent, who set 
 themselves up against the laity, finding, That it is reason- 
 able and necessary that your own stipends should be aug- 
 mented ; and with this resolution, as a res judicata, you 
 go to Parliament, and very modestly tell them, " We 
 have found it reasonable and necessary that our stipends 
 should be augmented; w^e want money, more money; 
 you must find it ; and we won't tell you how or where :" 
 and thus you sist yourselves as parties at the bar of the 
 House of Commons against the whole landed interest of 
 Scotland. Where is the hope of success to an applica- 
 tion thus begun, and thus conducted ? 
 
 But one was pleased to argue, What need we wait for 
 making interest with the landed gentlemen ? If that be 
 absolutely necessary to give us hoj)es of success, we shall 
 never have hopes of succeeding ; and therefore we should 
 push it on directly. Very strange this, I must confess, to 
 hear of an application to be made without the least hopes 
 of succeeding in it. Indeed, when I had the honour to 
 sit in another place, I have heard gentlemen make a mo- 
 tion, without having any hopes of success. But then it 
 was from private views, in order to throw dirt on the 
 ministry : and this is a design which 1 am sure the clergy 
 of Scotland are very far from having in this aifair. 
 
 But to go on : This application is to be made with the 
 utmost precipitation ; no funds pointed out whence the 
 money is to be raised, nor any evidence given of the neces- 
 sity for doing so. Ay, but the Parliament will grant 
 whatever we ask, so great is our merit. But I am afraid, 
 if we go on thus, we shall have the mortification to meet 
 with a very great disappointment. It will not do at the 
 bar of the House of Commons, barely to tell, " Why, there 
 are the tithes in the King's hands, and tithes in the laity's 
 
 I 
 
1749.] SPEECH OF THE EARL OP MARCHMONT. 125 
 
 hands ; such a one 1 don't know who, that has some con- 
 cern in the teinds, told us, that there would be sufficient 
 for all that we desired ; but if there be not, you the Par- 
 liament must see to that ; we have found the thing reason- 
 able and necessary for us, so do it as you think proper, 
 only it must be done." No, no ; gentlemen who talk thus, 
 seem to know nothing of the usage of Parliament, and of 
 the forms observed in matters of much less importance. 
 For instance, in an affair of the most trivial nature that 
 comes before the house, that is, in the case of a road-bill, 
 if a gentleman should tell the house that such a road must 
 be mended, for an extreme good reason, because such a 
 man broke his neck there ; do you think this would be 
 sufficient to procure a bill to pass for amending it ? No, 
 by no means, Sir ; he would be obliged to have the con- 
 currence of the neighbouring landholders to his petition, 
 and to be able to prove by good evidence, that that road 
 could be mended in no other way, that no fund was sub- 
 sisting for so doing, and therefore the aid of Parliament 
 was necessary ; so in like manner, you gentlemen must be 
 able, not only to condescend, as I have said already, on 
 the particular livings that need to be augmented, but also 
 to show, that the law subsisting is so defective, that that 
 end cannot be obtained by any other means ; or else you 
 must make it appear that the Court of Session have failed 
 in point of duty, by not executing the law ; and so you 
 appear as accusers of that honourable court at the bar of 
 the house. For that court is no supreme court, as some 
 yesterday* erroneously called it, unless there be a compara- 
 tive degree above the superlative. It is indeed a superior 
 court in this part of the United Kingdom ; but the Par- 
 liament of Great Britain is the sole supreme court of this 
 nation. 
 
 But give me leave, Sir, to advise you to consider a 
 little better before you involve yourselves in an ajBPair, 
 from which you may not be able easily to extricate your- 
 selves. Consider that you have already made yourselves 
 parties in this application against the whole landed inter- 
 est of Scotland ; and thus would you do the like with the 
 Court of Session? Don't be too self-sufficient: one of 
 
 • Tiie reference is to the debate on the case of Dunse, of which an account 
 follows. 
 
 L 3 
 
126 ANNALS OF THE ASSEMBLY, [1749, 
 
 them, I am afraid will prove hard enough for you to deal 
 with in this matter without the other. The opposition of 
 the landed interest of Scotland will have more weight in 
 Parliament than you imagine; more especially when it 
 appears there, that the consent and concurrence of that 
 interest, though principally concerned, has never once 
 been asked, but on the contrary, contemned and despised, 
 as no ways requisite for the success of this application. 
 This calls to my mind another part of parliamentary pro- 
 cedure which the friends of this scheme seem not in the 
 least aware of ; and that is, the decency and respect which 
 the house ever requires to be shown to those persons 
 whose interest is concerned in opposing any such applica- 
 tion. I have known an instance of this in a case of a far 
 less public nature than that now under your consideration. 
 A gentleman presented a petition, complaining of an undue 
 election, and consequently tending to deprive another gen- 
 tleman of his seat in Parliament. What way, think you, 
 did the house proceed in this case ? Why, they first in- 
 quired, if the petitioner had intimated this complaint to 
 the gentleman concerned, so as he might have sufficient 
 time to prepare his defence ? and it appearing, that such 
 intimation had been made only four or five days before 
 exhibiting the complaint, so great regard did the house 
 show to this piece of justice and respect due to the sitting 
 member, that they returned the petition till the petitioner 
 should meet and converse with him, and endeavour to ad- 
 just the matter amicably. And, believe me, the petitioner 
 had good reason to be satisfied with this order, and to be 
 thankful that his petition was not thrown over the bar. 
 This case alone is sufficient to point out to all who hear 
 me, what may be the consequences of that disregard shown 
 to the landed interest in this affair, when known above. 
 
 But to proceed : Don't you think, that the Scots mem- 
 bers of Parliament themselves, who are all landed men, 
 and consequently are to be saddled with this augmentation 
 as well as others ; don't you think, I say, that they, who 
 are to be your judges, will have as much regard for their 
 own interest, and for the interest of their friends and 
 neighbours, as for yours ? 
 
 And if this is the case, whom have you to depend on 
 for assistance ? Why, say some gentlemen, the King, 
 the Prince, the Duke of Cumberland are our friends ; 
 
1749.] SPEECH OF THE EARL OP MARCHMONT. 127 
 
 they will do it. I tell you, Sir, as a learned member* 
 near me justly observed, whatever the King's sentiments 
 may be, he neither can, nor will do it alone. Neither his 
 IVJajesty, Sir, nor I am sure any prince of the illustrious 
 house of Hanover, will ever burden all, or even the smallest 
 part of his subjects with any tax whatever, without con- 
 sent of Parliament ; and I believe I may freely say, Sir, 
 that, were you to petition his Majesty to-morrow, he 
 would immediately send you to Parliament ; and the Par- 
 liament, I am afraid, would treat such a hasty application 
 in a way I do not choose to mention. 
 
 To whom tlien do you go ? To the ministry, say others. 
 Why, neither can they do it. No one here has pretend- 
 ed to say, that any person about court, or in the ministry, 
 for court is a very comprehensive word, has ever dropt 
 the least hint, from which it might be inferred that they 
 approve of this scheme. And if they should, Sir, no minis- 
 ter would choose to carry on an affair of this nature 
 against so strong an opposition, as must certainly be ex- 
 pected. Such an attempt might prove fatal to him, what- 
 ever notions you may entertain of its ease and safety. 
 Ministers love peace and security too well to embark 
 readily in such dangerous projects. 
 
 As for your bretliren of the Church of England, who 
 have seats in Parliament, (though they indeed do not look 
 on you as brethren), can you ever expect assistance from 
 them ? They who unjustly called and considered your 
 predecessors as fanatics in religion, would now, if you 
 should appear with this unprepared application, look on 
 you as fiinatics in temporals also. 
 
 Since I am speaking of the clergy of England, I must 
 observe, that their livings taking them altogether, are far 
 inferior in value to the livings in Scotland. Many of them 
 were till lately about £10 a-year, and some even less ; 
 and though indeed they procured the minimum of their 
 livings, as you call it, to be raised to £20 a-year, yet 
 they procured it in a manner very different from that 
 you now propose, and not without very great difficulty, 
 though in the reign of a princess who loved them at least 
 as well as any King can ever love you ; and to this very 
 day that augmentation goes by the name of the Queens 
 
 * YiY. Alexander Webster at Edinburgh. 
 
128 ANNALS OF THE ASSEMBLY. [1749. 
 
 bounty. Thus, I say, were the generality of the small 
 English livings raised to £20 a-year ; but there still re- 
 main several that have not been a bit bettered by it. One 
 instance I know within forty miles of London, where 
 there is a living that afforded the present incumbent no 
 more than £8 a-year, till lately, that by some funds of his 
 own, and the interest of his friends, in order to enable 
 him to purchase books for his study, and other necessaries, 
 he has got it augmented to the exorbitant sum of £16 
 sterling a-year; and that is in the county of Hereford. 
 
 As for the other set of men who compose the greatest 
 part of the Legislature, I mean the English gentry or 
 landed men, it can never be supposed that they will go 
 easily into your proposal ; for it is highly probable that 
 they would be immediately alarmed at the consequences 
 they would easily foresee mightattend the success of your 
 application. Such a precedent, they would apprehend, 
 might put it into tl»e heads of their own clergy to make a 
 like attempt ; and they already groan too much under the 
 weight of their tithes, which lie very heavy on them, in- 
 somuch that frequent orders are made in both houses of 
 Parliament for lessening the burden of them as much as 
 possible, not to be apprehensive of such an attempt, and 
 suflSciently watchful over every thing that may tend in 
 the least towards the heightening of a grievance which 
 they already think almost intolerable. 
 
 Having thus, I hope, clearly demonstrated, that this 
 application, if so hastily made, cannot be attended with 
 the least hopes of success; and as it is apparent that very 
 dangerous consequences must attend the failure of it, 
 which at present is almost unavoidable : this being the 
 case, I say, I flatter myself, that the advocates for the 
 scheme, seeing the many obvious reasons that render an 
 immediate application very dangerous to the Church of 
 Scotland in general, will not now insist in the prosecution 
 of it, any further than by appointing a committee, as pro- 
 posed by an hon. gentleman* near me ; not indeed to take 
 cognizance of the particulars necessary for forming a right 
 scheme, and then determine, and apply to Parliament, as 
 some gentlemen have absurdly enough proposed ; but to 
 examine into the state of the stipends in Scotland, and 
 
 * Hew Dalrymple, Lord Drummore. 
 
1749.] SPEECH OF THE EARL OF MARCHMONT. 129 
 
 funds for an aug-mentation, and then draw up a distinct 
 scheme, and lay the whole, with their opinion, before the 
 next Assembly, that that Assembly may judge, whether, 
 from the whole, it will be then necessary to make applica- 
 tion to Parliament ; for surely there never was, at least I 
 never heard of a committee being appointed by any court 
 in the world, with power to determine, but only with 
 power to report. If the contrary be practised here, I am 
 sure it is singular, and done no where else. Indeed I have 
 read in an idle story-book,* of a Spanish archhishop, who 
 employed his secretary to examine and inquire into the 
 opinion the world had of hishomihes, and report the same. 
 The secretary, for some time did not fail to do so in favour 
 of his master's compositions ; but at last the bishop having 
 preached a homily that did not please, the secretary un- 
 luckily presumed to exceed his commission, hy determin- 
 ing instead of reporting ; and for his reward was called a 
 blockhead, and turned off with disgrace. But to proceed : 
 When a report is made with precision, a proper founda- 
 tion laid, a reasonable well-digested scheme made out, and 
 approved hy next Assembly, such as may with decency 
 be presented to Parliament, and at the same time an ad- 
 dress made to the landed interest for obtaining their coun- 
 tenance in the affair ; then, I say, and not till then, can 
 such an application carry with it the hopes of success : and 
 for contributing to which, in that case, I shall always be 
 ready to act to the utmost of my power, both by my ad- 
 vice and assistance in every shape whatever.f 
 
 The result was, That the Assembly " agreed to appoint 
 
 * Every reader of Gil Bias will understand the allusion. 
 
 f This speech was publi>hed on the 22d of May, and the former one 
 next day. They were intitled, The Substance of a speech, delivered, 
 one hy a Rev. the other hya Right Hon. Member. In a note subjoined to 
 the first, it is submitted, '' how far any thing here expressed, has given any 
 just ground to the misrepresentation and severe reflections published yester- 
 day, in a speech as delivered in the Assembly by a right hon. member of 
 that court?" But the following advertisement was published in the Edin- 
 burgh newspapers of June 1 : — " Whereas a paper, intitled. The substance 
 of a speech delivered by a Right Hon. Member, §-c. has been published, it 
 is thought an attention due to the public, to inform them, that the said 
 paper has been published without the consent, or even knowledge, of the 
 right hon. member of the Assembly ; and does not contain what he spoke ; 
 many things being added, many left out : and what resembles in any degree 
 what the said member spoke, is grossly mistaken or misrepresented." Not- 
 withstanding this disclaimer, every one who is acquainted with Lord March- 
 mont's character, will discover internal proofs of the report of his speech 
 being substantially correct. The reader may consult the Marchmont Papers, 
 
130 ANNALS OF THE ASSEMBLY. [1749. 
 
 a committee to take the matter under consideration, and 
 to report what shall, upon proper inquiry, appear to them, 
 to the next Assembly, in order to their making appli- 
 cation to Parliament for an augmentation of stipends, or 
 providing such other remedy as to them shall seem meet ;" 
 and appointed Messrs. Andrew Dickson at Aberlady, 
 Robert Hamilton at Hamilton, Alexander Maclaggan at 
 Little -Dunkeld, Robert Dalgleish at Linlithgow, Alexan- 
 der Webster at Edinburgh, and John Scot at Dumfries, 
 ministers; and the Earl of Marchmont, the Lord Presi- 
 dent, the Lords Drummore and Shewalton, Mr. Rohert 
 Dundas, advocate, and John Forrest one of the Bailies of 
 Edinburgh, Ruling Elders, to prepare a draught of the 
 instructions to be given to the said committee. On their 
 report, May 19, instructions were accordingly agreed on. 
 The committee are authorised to address persons in 
 power, members of Parliament, and the nobility and gen- 
 try of the landed interest in Scotland, for their counte- 
 nance and assistance, and are warranted to call for money 
 out of the Church's funds ; the Commission are appointed 
 to give them their advice and assistance when asked ; the 
 Moderator of the Assembly is to be their Moderator ; 
 and, after full inquiry, they are to prepare, and to lay be- 
 fore the next Assembly, a plan of the whole projected 
 augmentation. The committee consists of fifty-seven 
 ministers and twenty-seven ruling elders, but seven of 
 them are declared a quorum. All those to whom it was 
 committed to prepare a draught of the instructions are of 
 the number. Among the ministers added are, Mr. William 
 Steel at Sorn, Principal Campbell and Professor Leech- 
 man at Glasgow, and Professor Pollock at Aberdeen ; 
 and among the ruling elders, the Earl of Leven, the Lord 
 Justice-Clerk, the Lord Advocate, the Lord Strichen, 
 Baron Maule, the Lord Provost of Edinburgh, and Mr. 
 Robert Craigie, advocate. 
 
 In place of the overture about preaching on Reformation 
 and Revolution Principles, transmitted to Presbyteries by 
 last Assembly, the following general recommendation was 
 
 published in 1831, by Sir G. H. Rose. The Earl died on the 10th January, 
 1794, aged 87. His (laughter. Lady Diana Home, was married on the 18th 
 April, 1754, to Walter Scott of Harden, whose son Hugh, was admitted by 
 the House of Peers to claim the title of Lord Polwartb, in June 1835. 
 
1749.] OVERTURE ON REVOLUTION-PRINCIPLES. 131 
 
 enacted May 19. It was agreed to without a vote.* 
 " The General Assembly, considering the strong evidence 
 we had, in the late wicked rebellion,, of the obstinacy and 
 restless spirit of the enemies of our happy constitution ; 
 the continued enmity they still show ^o the best of govern- 
 ments ; and the vigilance and art with which they endea- 
 vour to lessen people's zeal for the Protestant religion, 
 and to carry them off from their adherence to the interests 
 of the Revolution, and their fidelity and allegiance to our 
 most gracious sovereign King George : and at the same 
 time being sensible from past experience, how apt even 
 the friends of our happy establishment are, in the con- 
 tinued enjoyment of peace, to fall into security, and 
 thereby to give advantage to our vigilant enemies : do 
 
 * Some of the reasons for this change may be guessef'l at from the remarks 
 of an anonymous writer of the day, (5*00^5 Magazine for 1749, p. 80.) 
 He says — *' Every one knows, th tt there are in most parts of the king- 
 dom, not a few avowed Jacobites, and nu;nbers of others, who from their 
 dependencies, connexions, or some such other cause, are veiy ready to 
 listen to all the compldints of the Jjcobites, and to disapprove of every 
 measure they dislike or coinpLiin of. Not only the Jacobites, but cold 
 and (ii:'pdssionate ^yhigs, would bt? extremely apt to blame the mentioning 
 or handling the points in the overture, in the pulpit. The non-complying 
 ministers, would, by their non obedience, greatly endear themselves to 
 all such, and that at the expense of their brethren, and make these be 
 marked out for mischief and resentment from many — how soon they can 
 and dare exert their anger and pride. This conjecture receives confir- 
 mation from what was seen to hippen in lite times. Some ministers pru- 
 dence led to be silent and reserved in time of the rebellion, and abundantly 
 cautious not to offend the then prevailing party : this made the bonesst zeal 
 of their brethren be viewed in the worst light, and these to be sufferers by 
 the comparison, and singled out for vengeance." Again — "I apprehend, 
 not a few ministers in the Church of Scotland are but ill fitted for the task 
 this overture proposes to be put upon them. They may, from the knowledge 
 they acquire at schools and colleges ; from systems, sermons, and practical 
 pieces, be able to do tolerably upon some common topics. But this is a 
 quite new field, with which I am sorry to say, most of the clergy within my 
 ken, do not seem to be sufficiently acquainted." " Some are able to acquit 
 themselves upon the subjects theinstlves choose, so as to satisfy themselves 
 and hearers, with little or Jio expense of pap^r, and no much pains bestow- 
 ed upon their sermons. Some through indolence and a stateof langour and 
 inaction, they have fallen into ; others by being too much immersed in the 
 cares, pursuits, and pleasures of life, spend no great time or pains in their 
 preparations for the pulpit. In all these ways," many have got into a habit 
 of preaching, if not extempore, at least without any due regular pains and 
 application. But I do not see how without it, a man of no more than middling 
 abilities can pretend to preach tolerably upon subjects that are so much out 
 of what has been his common road hitherto; and if he does, a good cause 
 may thus suffer in bad hands, by being weakly and injudiciously supported 
 and maintained." And he suggests '' That evert/ minister be obliged to 
 thew his sermon in writ to his Presbytery some time before he prea{:h it." 
 
132 ANNALS OF THE ASSEMBLY. [1749. 
 
 therefore earnestly beseech and obtest all the ministers of 
 this Church, to continue to be diligent in instructing the 
 people committed to their care in those principles of pure 
 Christianity that are particularly opposite to the errors 
 and corruptions oi Popery, and in the grounds and reasons 
 of the Reformation, and the principles on which tlie late 
 glorious Revolution and our present happy establishment 
 are founded ; and to stir up all to a grateful sense and 
 suitable improvement of the inestimable blessings we en- 
 joy, by the free exercise of the pure religion of Jesus, and 
 the security of our liberties and properties under a legal 
 government. And for these purposes, and perpetuating 
 the memory of the great things God has done for us in 
 these lands, the General Assembly do warmly recommend 
 to all the ministers of this Church, to preach expressly 
 and on purpose on the subjects above-mentioned,* or some 
 of them, at least four Lords-days every year, with pro- 
 per exhortations to their people, and suitable prayers and 
 praises to our most gracious God, in the name of the only 
 mediator between God and man, our Lord Jesus Christ. 
 And further, the Assembly do earnestly recommend to 
 all Presbyteries, to take a watchful inspection of schools 
 within their bounds, and of the character and behaviour 
 of schoolmasters ; and to take care that they be qualified 
 by taking the oaths to the government, and that they instruct 
 the youth in just principles oi religion and loyalty:' 
 
 A petition was presented from the schoolmasters in 
 Scotlrnd, craving the countenance of the Church with 
 respect to their intended application for an augmentation 
 of their salaries ; and a motion was made. May 19, that 
 the committee of bills should be appointed to meet, in 
 order to transmit it to the Assembly if they saw cause : 
 but in respect the petition was not timeously put into the 
 Clerk's hands, agreeably to the Acts of Assembly, they 
 refused to order a meeting of the conunittee of bills.-j- 
 
 * The Synod of Perth and Stirling appointed a seimon on these subjects 
 to be preached before them at every meeting — some of which were publish- 
 ed, e. g. one by IMr. Patrick Bannerman of Kinnoul, in 1751, and one by 
 Mr. John Bonar of Perth, " On the Ecclesiastic Constitution in Scotland," 
 in 1760. 
 
 f The clergy might think the Schoolmasters' application to Parliament 
 somewhat inopportune, until their own was disposed of. But their refusal 
 to entertain this petition on a mere point of form was unfortunate, and was 
 made a handle against them by the landed interest in the subsequent discus- 
 eions on the Augmentatiou-Scherae. 
 
1749.] CASE OF CULROSS. 133 
 
 On a petition for Allan Livingston, keeper of the Ad- 
 vocates bar in the Court of Session, the Assembly, May 
 20, ordered that himself should be paid four guineas, and 
 his servant, Peter Borthwick, one guinea, every year, iu 
 consideration of his permitting all the ministers of the 
 Church of Scotland, and those concerned in the Assem- 
 bly's Clerk's ofl&ce, to enter the said bar.* 
 
 Case of Cuirass. — This was the case of a disputed pa- 
 tronage, which the ecclesiastical and civil courts decided 
 in different ways. It was before the Assembly of 1748, 
 (see p. 112) but as it was not finally disposed of by that 
 court until the present year, we shall now give a full state- 
 ment of its general nature and ultimate results. It ex- 
 cited very great interest at the time, and is the first case 
 on record where the temporalities of a parish were prac- 
 tically disjoined from the spiritual cure, — though some of 
 the principles involved in the decision of the Court of 
 Session had been recognized by them in the case ofAtich- 
 termuchtt/, (1735) and were afterwards applied in the 
 cases of Lanark, Forbes and Kearn, &c. 
 
 In 1663, Alexander, Earl of Kincardine, obtained a 
 charter from the crown, by which the patronage of the 
 kirk of Culross was per expressum granted. The Earl of 
 Kincardine's whole estate, including this patronage, was 
 brought to a judicial sale before the Lords of Session in 
 1700, and was purchased by Col. John Erskine of Car- 
 nock. The Colonel exerced his right of patronage, by 
 uniformly uplifting and disposing of the vacant stipends so 
 oft as a vacancy happened, as appears from the Presby- 
 tery records ; though, from a delicacy in point of con- 
 science as to the legality of the public oaths, he never di(i 
 present, but allowed the jus devolutum to take place. In 
 November, 1746, the charge of second minister of Cul- 
 ross became vacant by the death of Mr. Geddes. Soon 
 after, Mr. Charles Cochran of Culross, advocate, purchased 
 the patronage afore-mentioned, from Mr. John Erskiue,f 
 the Colonel's son and heir ; and obtained a charter under 
 the great seal, in which it is contained, dated Feb. 12, 
 1747 ; but it is to be remarked that Mr. Erskine never 
 was himself infeft, nor in possession of the patronage. 
 
 * Other societies were, in those days, in the practice of paying a douceur 
 for this privilege. 
 
 f The author of the " Institutes*' of Scots Law, and father of Dr. Erskine. 
 
134 ANNALS OF THE ASSEMBLY. [1749. 
 
 On the 4th of May, 1747, a procurator for Mr. Cochran 
 went to the house of the Moderator of the Presbytery of 
 Dunfermline, and there, under form of instrument, lodged 
 with him a presentation to Mr. William Trotter, proba- 
 tioner, to supply the vacancy aforesaid, with Mr. Trot- 
 ter's letter of acceptance. Mr. Trotter had accepted of 
 another presentation to the church of Borrowstounnessj 
 which was then depending before the Church-judicatures, 
 and he was an absolute stranger to the parish of Culross. 
 On the 3d of June, the presentation and acceptance were 
 laid before the Presbytery ; and they appointed Mr. 
 Trotter to preach at Culross the two Sundays following* 
 At next Presbytery, July 1, Mr. Cochran's aforesaid 
 charter was produced, contummg a grant of the Jus patro- 
 natus ecclesicB pariocliialis de Culross ; and compearance 
 was at the same time made for the heritors, for the magis- 
 trates and town-council, and for tiie kirk-session of Cul- 
 ross. In behalf of these it was objected, 1. That the kirk 
 of Culross belonged to the abbacy of that name, and re- 
 verted to the crown upon the Reformation, and was erected 
 in favour of the Lord Colvillof Culross ; that nothing was 
 produced to show, and it did not appear, how either the 
 crown or Lord Colvill was divested of this church, or of 
 the patronage of it, in favour of Mr. Erskine, jNlr. Coch- 
 ran's author ; that no possession had been had by either 
 of these gentlemen ; and that therefore this objection was 
 good, even though the question were with respect to the 
 first minister. But, 2. That supposing Mr. Cochran 
 should be found to have right to present the first minister, 
 yet he had no right to present the second : for that the 
 second minister had been established upon a voluntary 
 contribution by the heritors, the town, and the laird of 
 Carnock, in 1648 ; that it was part of this new erection, 
 that the presentation of this second minister should be in 
 thirteen delegates, to be chosen in proportion to the mor- 
 tifications for the stipend, viz, five by the heritors, four by 
 the magistrates and council, and four by the laird of Car- 
 nock ; that it appeared from the records of the Session 
 and of the Presbytery, that Mr. Edmonston, the first 
 minister admitted to this charge, was so presented ; that 
 tJiere is no evidence of the patron of the first charge hav- 
 ing ever possessed or claimed the right of presenting to 
 the second, though it is now a century since the erection ; 
 
1749.] CASE OF CULROSS. 135 
 
 that therefore, whether the crown or Mr. Cochran were 
 patrons of the parish of Cuh'oss, the presentation of the 
 second minister helonged to the contributors for the sti- 
 pend, and their thirteen delegates ; and that as they had 
 not presented within the six months, the right had fallen 
 to the Presbytery. A moderation at large was therefore 
 craved,in opposition to Mr. Cochran's demand of amodera- 
 tion in favour of his presentee only. „, .^ ,. , ^. 
 
 It was answered for Mr. Cochran 1. That it did not 
 belong to the Presbytery to inquire, whether Mr. Erskine, 
 as in the place of the Colonel his father, had such right 
 established in his person as entitled him to resign this 
 patronage into the crown's hands m favorem ot Mr. 
 Cochran ; that if the proper officers intrusted with ex- 
 nedino- such charters were satisfied in this particular, 
 and thereupon expede the charter, it was>. tertii to the 
 Presbytery, and not a little officious, to question the 
 crown's grant; whilst at the same time their own re- 
 cords proved, that Colonel Erskine was m the enjoy- 
 ment and exercise of that right and the Colonels title, 
 viz. the decreet of sale before the Lords of Session, ap- 
 peared ex facie of Mr. Cochran's charter ; and that neither 
 the crown, nor any other person as denving nght from 
 the crown, was then claiming, or objecting to Mr. Coch- 
 ran's title. 2. That the records of the Kirk-session were 
 not probative; that if the second charge was origmally 
 founded upon a voluntary contribution, the stipend ot it 
 came, in progress of time, to be also locaUed upon the 
 tithes • and that no distinction could be made between the 
 first and the second minister, for that Mr. Cochran s right, 
 as patron of the church itself, would have comprehended 
 twenty ministers, had as many been established in this 
 collegiate charge.-It is said, That the heritors of three-- 
 fourths of the valued rent of the parish and agreat inany 
 heads of families, concurred with Mr. Cochran; but that 
 a considerable number of the heritors all the then magis- 
 trates and town-council, and the whole kirk-session insis- 
 ed for a moderation at large, which the Presbytery unani- 
 
 ^''m th^molra^^^^^^^^ 26, 1747, a call came out in 
 
 favour of Mr. Thomas Fernie, ^''\^\'l^ "^''^'"'Zlht 
 
 Dunfermline ; this call was approved of by the Fiesb)- 
 
 tery on the 16th of September ; and Mr. Cochran having 
 
 M 2 
 
136 ANNALS OF THE ASSEMBLY. [1749. 
 
 appealed, the Synod of Fife, Sept. 30, 1747, affirmed the 
 Presbytery's sentence. Mr. Cochran appealed to the As- 
 sembly. 
 
 After these proceedings in the ecclesiastical courts, 
 Mr. Cochran brought a declarator of his right of present- 
 ing both the first and second minister, before the Court 
 of Session, containing a conclusion of his right to the va- 
 cant stipends ; in which he called as defenders, first the 
 heritors, and afterwards, upon objections made and a mul- 
 tiple-poinding raised by them, the town-council of Culross, 
 and the officers of state in behalf of the crown. 
 
 On the 20th May, 1748, the Assembly affirmed the 
 Synod's sentence, approving of the call to Mr. Fernie. 
 But this gentleman refused to accept. A new modera- 
 tion was then applied for. Mr. Cochran craved, that as 
 his declarator behoved soon to be finally determined, hav- 
 ing had already repeated interlocutors of the Lord Ordi- 
 nary in his favour, against which nothing material was 
 objected, all further procedure in the settlement might 
 be delayed for two or three months. But a moderation 
 at large was again allowed to proceed : and though Mr. 
 Cochran appealed, first to the Synod, and then to the 
 Assembly ; yet a call having come out Oct. 6, in favour 
 of Mr. James Stoddartj the Presbytery, without regard- 
 ing the appeal, approved of it, and settled him on the 
 24th of November — " and by so doing (says Mr. Cochran) 
 did not only tread under foot the laws of the land, and 
 Mr. Cochran's undoubted right of property ; but did even 
 violate the established rule of the Church -judicatures, 
 which, after an appeal taken, prohibits the inferior judica- 
 tures from proceeding to an actual settlement, though it 
 allows them to take the steps preparatory to it.'* 
 
 It was said for the other side, That Mr. Cochran's 
 objections to Mr. Stoddart's settlement, and his several 
 appeals, were founded singly upon his presentation to Mr. 
 Trotter, in May 1747 ; that he then relied singly upon 
 his charter in 1747, without giving any evidence, that the 
 crown, or the lord of erection, had granted this patronage 
 to his author ; that it was not till after Mr. Stoddart's set- 
 tlement, that he condescended upon a charter on record, 
 dated in 1663, granting the patronage of Culross to the 
 Earl of Kincardine, whose estate was purchased by Col. 
 Erskine, father to Mr. Cochran's immediate author ; and 
 
1749.] CASE OF CULROSS. 137 
 
 that as this presentation had been judged and set aside by 
 the Assembly 1748, the Presbytery and Synod did not 
 think themselves authorised to reconsider and revdve what 
 had been disallowed of by their superiors. 
 
 Mr. Cochran's declarator was still going- on, though 
 retarded by several dilatory defences. The Lord Ordi- 
 nary had, on the 23d of July, 1748, granted the defenders 
 a diligence for recovering the original contract said to 
 have established the fund for supporting the second minis- 
 ter ; in pursuance of which several persons were examined 
 on the 15th and ISthof Nov^ember ; and their depositions, 
 with other evidence brought in behalf of the defenders, 
 having been advised by the Ordinary, his Lordship, on 
 the 10th of January, 1749, preferred Mr. Cochran to the 
 crown in the presentation of the first minister, and of conse- 
 quence found he had right to the presentation of the se- 
 cond ; and found, that the defenders had not brought suf- 
 ficient evidence, that the contributors had reserved to 
 themselves the right of presenting the second minister. 
 A reclaiming bill was presented in behalf of the crown, 
 (but none for the other defenders) ; and the Lords, Jan. 
 2], 1749, refused it without answers. 
 
 In May 1749, the committee of bills refused to re- 
 ceive, or to transmit to the Assembly, Mr. Cochran's ap- 
 peal against the settlement of Mr. Stoddart; and Mr. 
 Cochran having complained, the Assembly remitted his 
 complaint* to their Commission ; who approved of the 
 conduct of the committee of bills. 
 
 After Mr. Stoddart's settlement, Mr. Cochran raised 
 a multiple-poinding in the name of the heritors liable in 
 stipend, calling Mr. Cochran himself as patron, and Mr. 
 Stoddart, in order that their rights to the stipend might 
 be determined ; whether Mr. Stoddart, as second minis- 
 ter, had right to it by virtue of his admission ; or if Mr. 
 Cochran, as patron, had right to it as vacant stipend. The 
 multiple-poinding was remitted to the Lord Justice-Clerk, 
 before whom the declarator was depending ; and his Lord- 
 ship having taken the debate to report, informations were 
 given in by his direction. 
 
 It was pleaded for Mr. Stoddart, 1. That as his set- 
 
 * A committee was appointed to converse with Mr. Cochran, and to give 
 in their report to the Commission. 
 
 M S 
 
138 ANNALS OF THE ASSEMBLY. [1749. 
 
 tlement was affirmed by the supreme judicature of the 
 Church, this judgment was, by the Act 7, Pari. 1567, 
 final, and conclusive against all parties concerned ; and 
 that therefore Mr. Stoddart was legally the second minis- 
 ter of Culross, and consequently entitled to the stipend. 
 
 2. That by the Act 115, Pari. 1592, upon which Mr. 
 Cochran founds, the patron is not entitled to retain the 
 fruits, except when the Presbytery refuses to admit any 
 qualified mi?iister presented by him ; whereas his presentee 
 was a probationer, and is not to this day a minister. 
 
 3. That Mr. Cochran's right to present the first minister 
 was the matter of litigation between the crown and him 
 till a considerable time after Mr. Stoddart's settlement ; 
 that his right of presenting a second minister was not 
 mentioned in his charter, and that very probable evidence 
 was brought from the records of the Kirk-session and the 
 Presbytery, that whether Mr. Cochran or the crown was 
 patron of the church, yet that neither of them had right 
 to present the second minister; that Mr. Cochran had 
 found it necessary to ascertain his right by a process ; 
 that as he had not brought that action to a conclusion, not 
 only during the six months allowed the patron to present, 
 but not within two years, and not till after Mr. Stoddart's 
 admission, he could not pretend to draw back his decreet 
 of declarator pronounced in January 1749, to May 1747, 
 to prevent the lapse, much less could he draw it back af- 
 ter the vacancy had been supplied in November 1748 ; 
 that the Presbytery were not made parties to Mr. Coch- 
 ran's declarator, nor was there any proper notice given 
 them of the proceedings had in that process, and that at 
 this day it remains unextracted ; that where a patronage 
 is litigious, a presentation does not stop the lapse, unless 
 the ecclesiastic person, or body-politic, to whom the presen- 
 tation falls to be made, is made a party to the civil action 
 for ascertaining the patronage ; and that if a presentation 
 is offered by a contested patron, it is not proper for the 
 Presbytery to delay the settlement till such competition 
 be determined, which may depend many years, as the pre- 
 sent did upwards of two ; but they are bound to plant the 
 church in the mean time, leaving the patron who shall pre- 
 vail, to use his right in time coming, but without preju- 
 dice to the right of the minister settled by the Presbytery 
 in the mean time. 
 
1749.] CASE OF CULROSS. 139 
 
 It was answered, 1. That with regard to the first 
 defence, which seemed to import a declinature of the juris- 
 diction of the court, — as the ordination and settlement of 
 ministers, whereby the pastoral relation is fixed, does un- 
 deniably belong to the Church-judicatures, it is equally 
 clear, that the right to the benefice is not an ecclesiastic 
 right, dependent on the ordination conferred by the Pres- 
 bytery, but is matter of civil right, depending solely 
 upon the civil laws of the land, and as such cognoscible 
 by the civil courts ; that so it was solemnly judged in the 
 case of Auchtermuchty, where the Lords found, upon re- 
 port, Feb. 14, 1735, " That the right to a stipend is a civil 
 right ; and therefore that this court has a power to cog- 
 nosce and determine upon the legality of the admission of 
 ministers ad hunc effectum, whether the person admitted 
 shall have right to the stipend or not ;" that by a subse- 
 quent interlocutor, Feb. 15, 1735, it was further found by 
 their Lordships, " That Presbyteries refusing a presenta- 
 tion duly tendered to them in favour of a qualified minis- 
 ter, against which presentation or presentee there lies no 
 legal objection, and admitting another person to be minis- 
 ter, the patron has right to retain the stipend, as in the 
 case of a vacancy ;" and that the rights of patrons were 
 established or confirmed by the Acts of Parliament 1592, 
 1612, and 1712. (No notice seems to have been taken in 
 the information for Mr. Cochran, of the distinction between 
 a probationer and a minister.) It was answered, 2. That 
 in the other defence, the Presbytery pleaded a kind of bona 
 fides in settling Mr. Stoddart, on pretence that Mr. Cocli- 
 ran's right was doubtful. But that this was fully obvi- 
 ated in the foregoing state of the case ; for that no com- 
 peting right was produced to the patronage of either the 
 first or second minister ; and that therefore it was super- 
 fluous in Mr. Cochran to have raised his declarator: 
 which, however, if fair things had been intended, ought 
 to have made the Presbytery slacken their proceedings to 
 a final settlement ; but as this would not have answered 
 the favourite point in view, as they well knew what the 
 fate of their objections would be, the settlement was hur- 
 ried on, notwithstanding the appeal to the superior judi- 
 catures, while at the same time the declarator was retarded 
 as much as possible. 
 
 The judgment of the court was in these words — " Edin- 
 
140 ANNALS OP THE ASSEMBLY. [1749. 
 
 burgh, June 26, 1731. On report of the Lord Justice- 
 Clerk, tlie Lords prefer Mr. Cochran, the patron, in the 
 multiple-poinding' ; and decern against the heritors in pay- 
 ment to him, not only of the stipends that fell due before 
 the settlement of Mr. James Stoddart, but also of the sti- 
 pends that became due after the said settlement." 
 
 The only dissentient from this judgment was Lord 
 Elchies.* He says in his Notes (^Patronage No. 4) — " I 
 was of opinion that Mr. Cochran's right not being clothed 
 with possession, and being disputed both by the crown 
 and the town, the Presbytery was not obliged to wait 
 mo7'e than two years till he cleared his right, and there- 
 fore was for sustaining the defence. But the Lords 
 thought that the opposition to Mr. Cochran's right was 
 affected and spirited up by the Presbytery, and therefore 
 found that the patron had right to the benefice, and pre- 
 ferred him to the minister, me renit. Justice-Clerk and 
 Leven did not vote. Pro were Minto, Drummore, 
 Strichen, Kilkerran, Murkle, Shewalton, Woodhall." 
 
 There are three reports of the Court of Session's pro- 
 ceedings in tliis case of Culross at three different stages, 
 viz. 1st,) Nov. 19, 1748. Fol. Diet. IV, p. 49. Morison, 
 9909. Kilkerran, ''Patronage" No. 2.— 2d,) Jan. 21, 
 1 749. Fol. Diet. IV, pp. 50, 54. 3Iorison, 9909. Kil- 
 kerran, " Patronage" No. 3.— 3d,) June 26, 1751. Fol. 
 Diet. IV, ]^. 52. Morison, 9951. Elchies, " Patronage'' 
 No. 4. Falconer, No. 213, p. 256. It is one of the 
 cases most frequently referred to in the late Auchterarder 
 Process ; and the different applications made of it may be 
 seen in the speeches of Mr. Whigham (Report vol. I, 
 p. 82), Dean of Faculty Hope (I. 310), Lord Gillies 
 (11. 48), for the Pursuers; and of Mr. Bell (I. 119), 
 Solicitor- General Rutherfurd (I. 402), Lord Fullerton 
 (11,247), and Lord i>/owcm;^(II. 352), for the Defenders. 
 
 Mr. Stoddart took no appeal to the House of Lords. 
 Sir Henry Moncreiff supposes {Life of Erskine, Appendix 
 p. 427) that one reason of this might be, that he had been 
 settled in the face of an appeal to the Assembly. But 
 the Reverend Baronet does not seem to have been aware 
 of the fact that the appeal did go to the Assembly, and 
 
 * No mean authority however — witness the language of the Dean of 
 Faculty (Hope), who styles him — "that great man, the ablest of all oui 
 lawyers." — Report of the Auchterarder Case, vol. I, p. 322. 
 
1749.] CASE OF DUNSE. 141 
 
 was found to be so incompetent or irregular in form that 
 the Committee of Bills refused to transmit it. Sir Henry 
 was also in a mistake in supposing, that Mr. Stoddart 
 did not litigate the point as to his right to the stipend. 
 
 It is understood that the parishioners of Culross com- 
 pensated to Mr. Stoddart the loss of his stipend by a 
 voluntary contribution. "When the violent settlement of 
 Inverkeithing took place in 1752, he pled his anomalous 
 situation as an apology for his absence from the Presby- 
 tery, and tlie Assembly sustained the excuse.* He did 
 not however remain long at Culross, having in 1753, suc- 
 ceeded Dr. Erskine at Kirkintilloch, that gentleman suc- 
 ceeding Mr. Hardy-j- in the first charge at Culross, and Mr. 
 Stoddart being succeeded in the second by Mr. Robert 
 Rolland, who survived to the year 1815. Mr. Stoddart 
 is described by Sir Henry Moncreiff as a " conscientious 
 minister, and a man of considerable ability." He pub- 
 lished in 1764 a sermon on " The Revival of Religion," 
 preached in the High Church of Glasgow, before the Synod 
 of Glasgow and Ayr. J 
 
 Case of Dunse. — This case also came before the Assem- 
 bly of 1749, and as various questions of a general nature 
 were raised in its discussion, we present the following ac- 
 count of it, taken from the papers on both sides : — 
 
 In 1737, Lord Blantyre obtained a disposition to 
 the patronage of the parish of Dunse from Mr. Hay 
 
 * On the day when the settlement was at last effected, the Moderator 
 of the Presbytery received from hira the following letter, which would seem 
 to imply that his stipend was uot fully made up to him in a voluntary way : — 
 
 Culross^ June llth, 1752. 
 Revd. Sir, — I need not tell you that there is no alteration in my situation 
 to the better. My singular circumstances you know excused me to the 
 General Assembly in not intermeddling in the settlement of Inverkeithing. 
 They still remain the same to my great loss, and will no doubt be accounted 
 but too good a reason by you for my not being among you at your meeting. 
 I am, Revd. Sir, your most humble and obedient servant, 
 
 (Signed) James Stobdart. 
 
 f Mr. Hardy died of consumption on the 4th May, 1752, aged 36. — See 
 p. 113. 
 
 \ As for Mr. Cochran, the patron, he did not long survive the success of 
 his plea, having died on the 19th September, 1752. He was a connection 
 of the Dundonald family (his brother, Thomas, became Earl of Dundonald, 
 in 1758), and like others of that house, appears to have been a man of a 
 violent and stubborn temper. — See p. 113. 
 
142 ANNALS OF THE ASSEMBLY. [1749. 
 
 of Drummelzier, and presented Mr. Roger Moodie. 
 Great opposition was made to the settlement through all 
 the judicatures of the Church, but no objection was ever 
 made to Lord Blantyre's right of patronage : and at last 
 the presentee was settled. The parish became again 
 vacant in April 1748, by the death of Mr. Moodie. Mr. 
 Hay of Drummelzier was still reputed patron: but as he 
 was not qualified to the government, it was uncertain 
 what part he would choose to act. At length it came to 
 be known, that he had granted a disposition of the patron- 
 age to Mr. Hay of Belton, said to be in trust ; and infeft- 
 ment followed upon it in the month of July. On the 2d of 
 August, Belton, as patron, lodged a petition with the Pres- 
 bytery, representing, that he had signified to the heritors and 
 elders of the parish, his intention of presenting Mr. Adam 
 Dickson, probationer, son of Mr. Andrew Dickson, minis- 
 ter at Aberlady, and desiring the Presbytery would ap- 
 point him to preach, first before themselves, and after- 
 wards before the parish. This was backed by a petition 
 from some heritors, likewise craving a hearing of Mr. 
 Dickson. But the Presbytery delayed giving any judg- 
 ment upon these petitions, till proper evidence should be 
 laid before them of Belton's right. 
 
 At their next meeting, Sept. 6, Belton's doer gave in 
 the following papers, viz. 1. A disposition of the patron- 
 age of Dunse by Drummelzier to the late Lord Blantyre, 
 in 1737. 2. A general service of the present Lord Blan- 
 tyre as heir to his father, in 1745. 3. A disposition of 
 the said patronage by the present Lord Blantyre to Bel- 
 ton, dated at Caen in Normandy, Aug. 7, N.S. [July 27, 
 O.S.] 1748. 4. A presentation by Belton to Mr. Dick- 
 son, dated August 27, 1748. 5. Mr. Dickson's letter of 
 acceptance, dated Sept 3, 1748. But the disposition 
 granted by Drummelzier to Belton was not founded on 
 nor produced. Other two heritors now craved a hearing 
 of Mr. Dickson, a'lid nineteen heritors in all signified their 
 concurrence with him. The Presbytery appointed Mr. 
 Dickson to preach before them at their next meeting ; 
 but waived giving judgment with regard to Belton's right 
 of patronage. On the 4th of October, (the next meeting 
 of Presbytery,) Mr. Dickson was appointed to preach at 
 Dunse the four following Sabbaths ; but the considera- 
 tion of Belton's right was adjourned. 
 
1749.] CASE OF DUNSE. 143 
 
 On the 1st of November, a petition was presented to the 
 Presbvterv b V some heritors, elders, and others, in the pansU 
 of Dunse, desiring that a moderation of a call might be 
 appointed to Mr. Dickson, in regard they had heard him 
 once and again to their great satisfaction : and the same 
 demand was made for Belton, as patron. The Piesby- 
 tery delayed advising this, till judgment should be given 
 as to the patronage. Several members made objections 
 toBelton•s^ight^particnlarly, That the dj^po^'t'."" ^J 
 Drummelzier to the late Lord Blantyre, and hkew.se the 
 later one by the present Lord to Belton, were both of 
 them collusive deeds, granted in trust, m order to evade 
 the obiection that might have been made against Drum- 
 melzier for not qualifying. To support this it was ob- 
 served That as Drummelzier had lately disponed the 
 riffht of patronage to Belton, notwithstanding that it was 
 pretended he had before disponed it irredeemably to the 
 ate Lord Blantyre, this evinced, that the disposition o 
 Blantyre was only in trust, and that the >;'ght.r«^^"'«f » 
 Srnmmelzier afler the settlement of the last •ncumbent 
 and it was further observed, that as the disposition fiom 
 the present Blantyre, on which Belton now claims, bears 
 date at Caen, in Normandy, Aug. 7, N.S. it could not be 
 in his possession Aug. a, O.S.wheu a petition was lodged 
 with the Presbytery signed by him ^^ P»V"".'„r?n'that 
 have no existence when he wrote to the heritors in that 
 character some time before; so that it must have been 
 only procured after receiving advice, that the using the 
 disposition from Drummelzier to Be ton, would have made 
 the collusion appear palpably. Belton averred hat he 
 knew nothing of collusion in the matter; and bemg put 
 to oath upon it by the Presbytery, he deponed, Tha he 
 knew nothing conceniing the disposition fron. Drummelzier 
 
 to Lord Blantyre, whether it was m trust or not ; that by 
 the disposition from the present Lord to himself, he had 
 in absolute right to the patronage for life and had given 
 aback-bond, olliging his heirs to denude «««■• l''^ de cea e ; 
 and that he knew nothing of his being infeft before^the 
 1st of August last in consequence of a disposition in his 
 favour from Drnmmelzier: and his council in his hearing, 
 affirmed that Belton knew nothing about this last men- 
 
 '-■TMstLtg";f Presbytery came to no final resolu^ 
 
144 ANNALS OF THE ASSEMBLY. [1749. 
 
 tion with regard to Belton's right ; but as he perceived 
 that the majority of them were determined to sustain 
 the objections that had been made to it, he brought a 
 process before the Court of Session, for having it found 
 and declared. That he was patron ; that Mr. Dickson 
 was duly and timeously presented, was qualified, and 
 did accept of the presentation ; that the Presbytery had 
 no right to present pro hac vice, or to moderate a call 
 at large, or in favour of any other than the presentee, on 
 pretence of a jus devolutum ; and that Belton, as patron, 
 had right to uplift the stipend, and to dispose of it to 
 pious uses, till Mr. Dickson should be settled : and as the 
 Presbytery were the only persons who had objected to 
 his right, they were the only persons called as defenders. 
 
 At the next meeting of Presbytery, Dec. 6, there 
 was produced, in proof of the alleged collusion, a receipt, 
 dated Nov. 27, 1740, under the hand of Alexander A ins- 
 lie, factor for Drummelzier as patron of the parish of 
 Dunse, for some vacant stipends of crops, 1737 and 1738. 
 To this no answer was made by the doer for Belton (not 
 his lawyer) then present : and the Presbytery having a 
 just regaled to the laws made for the security of the govern- 
 ment, and being unwilling to give countenance to deeds 
 that appeared to them collusive, they upon the whole gave 
 judgment, finding, That the presentation by Belton was 
 no bar to their proceeding to a moderation at large ; and 
 they appointed a call to be moderated accordingly on the 
 23d of December : against which Belton's doer appealed 
 to the Synod. There was afterwards recovered a de- 
 creet from the Sheriff of Berwickshire, dated Jan. 1, 
 1741, " at the instance of Alexander Ainslie, Bailie of 
 Dunse, factor appointed by Alexander Hay of Drummel- 
 zier, patron of the parish of Dunse, for uplifting the vacant 
 stipends of the said parish for the crops and years 1737 
 and 1738, conform to his factory, dated the 9th, and regis- 
 trate in the Sheriff-court books of Berwick the 15th of 
 October 1740," against a great number of the parishioners. 
 
 It was observed for Belton, that the Presbytery thus 
 cut down the patron's right, upon objections moved by 
 themselves, and judged by themselves ; and that they 
 were the sole spring of all the opposition made to his 
 presentee ; for that neither at this meeting, nor at any 
 one before it, had there been any opposition shown to Mr^ 
 
1749.] CASE OF DUNSE. 145 
 
 Dickson, nor a single petition desiring a moderation at 
 large; whereas almost the whole heritors of distinction, 
 some of the elders, and a great number of the heads of 
 families, had applied at different times to have a call moder- 
 ated to the presentee. One memher of the Presbytery, 
 in particular, was named; of whom it is said, that the 
 next day after the death of Mr. Moodie, the last incum- 
 bent, he wrote a letter to Drummelzier, whom he took to 
 be patron, or to have great interest with Lord Blantyre, 
 the true patron, acquainting him with Mr. Moodie's death, 
 and adding, "As oftener than once you was so good as 
 signify your inclinations to serve me, had an opportunitv 
 cast up, this encourages me now to ask a favour that is 
 entirely in your power to bestow ; and which if you con- 
 descend to grant, might, I hope, be made effectual without 
 much trouble. In my little way of life, the benefice of 
 Dunse would he of great consequence, as it is fully a third 
 above what I now possess ;" — that on finding himself dis- 
 appointed, he declined being a judge in any question re- 
 lating to the patronage, and betook himself to the charac- 
 ter of a party, being an heritor in the parish of Dunse to 
 a small extent ; and that a few days after the Presbytery 
 meeting of Dec. 6, he went to the town of Dunse, with a 
 petition, or dictated a petition there, for moderating a call 
 at large, which, by specious arguments, (such as, That 
 this was a way to cut down patronages altogether ; that 
 as he had formerly disobliged them in promoting the set- 
 tlement of Mr. Moodie amongst them, he was now willing 
 to make amends for a fault, (ic), he prevailed on sundry 
 to sign. — On the 23d of December, the Presbytery sus- 
 tained a call to Mr. James Lindsay, minister at Dumhar- 
 nie. 
 
 In January 1749, Belton's declarator was called in the 
 Court of Session. On his appealing from the sentence of 
 the Presbytery, Dec. 6, his proxy having demanded back 
 the titles of his patronage, in order to lay them before the 
 Synod, the Presbytery refused to give them up, in regard 
 they were called to produce them before the Court of 
 Session ; but now they pretended they could not products 
 them before the Court of Session, because they were called 
 to produce them before the Synod. However, in conse- 
 quence of an application for a diligence, the whole writs 
 M ere produced. — Several objections were moved for the 
 
146 ANNALS OF THE ASSEMBLY. [1749. 
 
 Presbytery, tending to show that Belton had no right ; 
 or, if he had, that it was fallen to them in virtue of the 
 jus devolutum. But the Lord Elchies, Ordinary, Jan. 31, 
 " repelled the objections, and decerned and declared."' — 
 Against this interlocutor a full representation was given 
 in, to which answers having been made for Belton, the 
 Lord Ordinary, after staling the case to the Lords, pro- 
 nounced the following interlocutor, Feb. 15: — "Having 
 considered the representation given in for the defenders, 
 with the answers for the pursuer, and advised the Lords 
 thereanent, repells the objection made both to the pur- 
 suer's right, and to the person by him presented, on ac- 
 count of his not having taken the oaths before his first 
 license, in respect of the answers : and finds, that the pur- 
 suer had in possessoi^io sufficient right to present ; and that 
 the right had not fallen to the Presbytery tanquam jure 
 devoluto ; and decerns and declares." — A reclaiming peti- 
 tion* was given in, and the procurator for the Church 
 moved, that a hearing in presence might be appointed be- 
 fore any judgment was given. But the petition was re- 
 fused without answers on the penult day of the Session. 
 The Lords " adhered to the Lord Ordinary's interlocutor, 
 and refused the desire of the petition, in so far as it re- 
 claimed against the said interlocutor ; and found, that the 
 general words, decerns and declares., can go no further than 
 the particulars decerned. "f 
 
 * This petition prayed the Court " to review the Lord Ordinary's Inter- 
 locutor, and to find — \ino. That no action is competent before your Lord- 
 ships for reversing the judgments of a Chuich-judicature in the settlement of 
 a minister in a vacant parish : And, 2do, To find that a declarator of a 
 right of patronage against a Presbytery or Synod is not properly brought, 
 and that the Presbytery and Synod are not proper defenders in such an ac- 
 tion : And, Qiio, to find that the qualifications of a presentee to a vacant 
 church are not the proper subject of a declarator before a civil court in Scot- 
 land : And, Ato, That it is not competent to your Lordships to grant an 
 injunction to the Church-judicatories in Scotland not to settle a minister in 
 a vacant parish ; and, therefore, to assoilzie the Presbytery of Dunse from 
 the present declarator." 
 
 + Reports of the proceedings of the Court of Session, in this case, will be 
 found in Falconer, vol. ii. p. 68; Morison, 9911 ; Brown's 5th Supple- 
 ment, 768. The different views taken of it, as to its bearing on the late 
 Auchterarder case, will he seen from the report of that case, in the speeches 
 of INI r. Whiyham (L 80), Dean of Faculty Hope (L 308), Lords Gillies 
 (IL 48), Mackenzie (IL 129), and Corehouse (IL 234), for the Pursuers ; 
 and of Mr. Bell (I. 114), Solicitor-General Rutherfurd {\. 401), Lords 
 Fullerton (IL 247-9), Moncrieff (\l. 351), and Cockburn (IL 409), for 
 the Defenders. — According to Lord Monboddo's Report (as given in Brown's 
 Supplement), Hay of Belton had also concluded to have it found " that 
 
1749.J CASE OF DUNSE. 147 
 
 The Synod of Merse and Teviotdale, after hearing 
 the cause, April 19, " having considered the importance 
 of the affair, and the difficulties that attended it, referred 
 the whole to the Assembly for their final decision." — 
 Against which sentence Belton appealed to the Assembly. 
 
 Of the objections made to Belton's right, before the 
 civil and ecclesiastical courts, the following are the most 
 important : — 
 
 Objection. No process can proceed, because all parties 
 having interest are not called, — particularly the officers 
 of state, the crown being presumed patron wherever an 
 unquestionable right does not appear, — nor the heritors, 
 not even Drummelzier, though proved to have been last 
 in possession, by taking a decree for the vacant stipends. 
 — Answer, If the patronage be in Drummelzier, the crown 
 1ms no right to it ; and that no part of it remains still in 
 Drummelzier's person, is proved by a disposition of it from 
 him to Belton, produced. In general, it is submitted, if 
 the rights produced be not sufficient to establish the right 
 in Belton, in competition with a Presbytery who pretend 
 no title but 2ijus devolutum ? 
 
 Ohj. That the whole of this transaction was a collu- 
 sive subterfuge, between Drummelzier, the late and pre- 
 sent Lords Blantyre, and Belton, to save Drummelzier 
 from qualifying, appears [from what is said above, as also] 
 by Drummelzier's uplifting the vacant stipends after he 
 pretended to have disponed the patronage to Lord Blan- 
 tyre, and by Belton's now producing a disposition from 
 Drummelzier, which before the Presbytery he was said to 
 have known nothing of. — Ans, 1. There is no statute 
 which requires that a person must qualify before he can 
 dispone his right of patronage ; and, therefore, Drummel- 
 
 hehad right to the stipend till the presentee was settled ; and that the Pres- 
 bytery ought to be discharged to moderate a call at large, or settle any other 
 man." But these conclusions " tl:e Lords would not meddle with," because 
 as to the former, the Presbytery were not the proper contradictors ; and as 
 to the latter, " that was interfering with the power of ordination or internal 
 policy of the Church, with which the Loids bad nothing to do." — Ste also 
 Dunlop on Parochial Law (Edin. 1835), p. 308. In the pleadings in the 
 Auchterarder case, the Counsel for the Pursuers called in question the accuracy 
 of Lord JMonboddo's Report on these points, which the other side as strenuously 
 maintained. It is admitted that thev are not stated in the interlocutor ; but 
 as is remarked by Lord Cockburn (IL 409), the principles of decision arc 
 leldom formally embodied in them. 
 
 N 2 
 
148 ANNALS OF THE ASSEMBLY. [1749, 
 
 zier had full power, by law, to dispone this patronage to 
 Lord Blantyre, upon a particular occasion^ for a number 
 of years, for a lifetime, or for ever, as to him seemed best. 
 Should it be objected. That by this means the law which 
 requires patrons to qualify might be eluded, by a patron's 
 disponing his right to another to serve a turn, the answer 
 is obvious, That the law has not obviated any such subter- 
 fuge, and the law must be the rule ; that imperfections are 
 found every day in the law, but no judges pretend to sup- 
 ply it; that it belongs to them to judge according to the 
 laws made, but to the Legislature only to make laws ; 
 that an instance of this occurs in the laws relating to the 
 elections of members of Parliament. For as the laws 
 formerly made were not calculated to prevent persons 
 claiming to vote under trust-deeds, therefore, in many 
 instances, they were admitted to vote in these circum- 
 stances, and yet no power whatever pretended to correct 
 such abuses, till the Legislature of late made a law of pur- 
 pose to put a stop to them ; and that, in like manner, all 
 courts, civil and ecclesiastic, must determine by the law 
 as it now stands in this case, and cannot take upon them 
 to cut and carve ad libitum upon the property of the sub- 
 ject. Besides, the government is sufficiently secured, by 
 obliging the person presenting to qualify ; for it cannot 
 be supposed that such a person would present a man whose 
 loyalty he was not fully convinced of. 2. There is no 
 evidence of collusion between Drummelzier and Lord 
 Blantyre. Belton deponed that he knew^ of none ; — and 
 the objection of collusion comes with a bad grace from the 
 Presbytery, after Belton has cleared himself of it by an 
 oath, and by an oath put by themselves. Nor can Drum- 
 melzier's factor's having uplifted the vacant stipends infer 
 collusion ; for, as the vacancy was fallen before Drummel- 
 zier disponed his right, it was natural for him to reserve 
 to himself the stipends that would fall due during the va- 
 cancy. These were a subject under his eye, which he 
 would very naturally think of laying hold of. 3. Collu- 
 sion between Drummelzier and Lord Blantyre, though 
 proved, could not affect Belton, as he was not privy to, 
 nor did partake of it. He procured his right bona fide ; 
 and as he is a singular successor, he cannot be prejudiced 
 by any collusion betwixt his author and Drummelzier, 
 otherwise every qualified patron in Scotland behoved to 
 
1749.] CASE OF DUNSE. 149 
 
 brinff evidence for forty or more years back that all his 
 authors had qualified, which would be impracticable.— 
 The only circumstance of collusion the Presbytery can 
 instance against Belton is, that he obtained likewise a dis- 
 position from Drummelzier to this patronage. But Bel- 
 ton never made use of this disposition as his title to the 
 patronage : he only produced it in the Court of Session, 
 to answer the Presbytery's objection, That the patronage 
 ought still to be considered as in Drummelzier's person ; 
 and to show, that any right Drummelzier had was like- 
 wise transferred to him. And it is very common, wlien 
 one purchases a right, not to rest satisfied with a disposi- 
 tion from the person who appears to have that right esta- 
 blished in him, but likewise to take collateral rights and 
 securities from every other person who can be suspected 
 of having any claim upon the subject. 
 
 Obi. 1. Tliat part of the interlocutor of the Court of 
 Session, finding that the right had not fallen to the Pres- 
 bytery tanquam jure devoluto, is of ecclesiastical jurisdic- 
 tion. Were it otherwise, the Church- courts could not 
 proceed almost to any settlement. As the point which 
 falls o-enerally to be first decided is, Whether to appoint 
 a limited moderation, or one at large ? how could a Pres- 
 bytery judge of that, were it not of ecclesiastical jurisdic- 
 tion to determine when the Jus devolutum took place t 
 The Court of Session might indeed be resorted to, as the 
 proper judges with regard to any claim the patron might 
 have touching the temporahty of the benefice ; but that 
 the civil courts should interpose to preclude the Church 
 from judging in any preliminary towards the settlement 
 or ordination of a minister, is altogether new. 2. As the 
 ordaining of ministers, and appointing them their proper 
 functions, is a right inherent in the Church, independent 
 of the civil society ; so by the municipal law of Scotland 
 this power is confirmed. By Act 7, Pari. 1367, made 
 immediately upon the Reformation, it is enacted, " That 
 if the Superintendent, or Commissioners of the kirk, (to 
 whom presentations w ere to be made), should refuse to 
 receive and admit the person presented, it should be law- 
 ful to the patron to appeal to the superintendent and 
 ministers of the province ; and upon their refusal, to ap- 
 peal to the General Assembly of this \\^\\\ve2i\m,bywhom 
 the cause being decided, shall take end as they decern and 
 
150 ANNALS OF THE ASSEMBLY. [1749. 
 
 declare." This Act was ratified by the Act 1, 1581, and 
 again by the Act 114, 1592, which contains the establish- 
 ment of Presbytery as the National Church, and is reviv- 
 ed and renewed by the Act 5, 1690, resettling Presby- 
 terian Church-government. Nor can it be denied that 
 the Church of Scotland has at all times been possessed of 
 this privilege during the establishment of Presbytery : 
 for whether the right of presenting ministers was by law 
 in the patron, or in the heritors and elders, or in these 
 last with consent of the congregation ; yet still the power 
 of receiving, ordaining and admitting a presentee, was by 
 law vested in the Church, and the decision of the supreme 
 ecclesiastical court hath hitherto been held to be final in 
 all such questions. But if the civil court can interpose 
 with regard to one branch, why not also with regard to 
 any other relative to the settlement and admission of a 
 minister, whether he be presented by the patron, or by 
 the heritors and elders ? 3. Suppose the Court of Ses- 
 sion had affirmed the Presbytery's sentence, they could 
 not thereupon proceed to the settlement of Mr. Lindsay ; 
 nor, supposing their Lordships had differed from the 
 Presbytery, would that have authorised them to review 
 their own sentence, appointing a moderation at large, and 
 to limit it to Mr. Dickson alone : in either case the Pres- 
 bytery behoved still to remain subject to the Synod or 
 Assembly, before whom Belton had carried the cause by 
 an appeal, and would be obliged to comply with their de- 
 cisions, however much the ecclesiastic courts might differ 
 in judgment from the civil. — Ans. The patronage of a 
 churcli is a civil right of property, and, as such, is possessed 
 by laicks, and daily conveyed from hand to hand. In this 
 view, like all other rights of property, it falls totally to be 
 cognosced by the civil courts. The Lords of Session have 
 done no more in this case, than determined, that the civil 
 right of presenting to the vacant charge of Dunse is now 
 vested in Belton, and have not at all interfered with the 
 Church in the settlement of the parish ; for by this decree 
 the Church is certainly put under no greater restraint, than 
 it would have been if Belton had produced an unexcep- 
 tionable right of patronage before the Presbytery ; and 
 the Presbytery have the less reason to object to the de- 
 cree, that they themselves were parties to it, and proponed 
 all the objections they could find against it, which cer- 
 
1749.] CASE OF DUN8E. 151 
 
 tainly makes it a res judicata with regard to tlietii. The 
 only view of the decree was, to point out some meith in 
 law-points to the Church-judicatures ; and Bel ton deserves 
 the thanks of the Church, for taking this step in order to 
 clear up law-points, which might have been very dubious 
 to its judicatures, and in which they might have innocently 
 erred. Besides, it may have one other good effect, by 
 deterring any person from accepting of this benefice, other 
 than the presentee ; seeing none other will have a legal 
 right to it ; as was determined by the Lords of Session 
 anno 1735, in the case of Mr. Patrick Maxton against 
 George Moncrief of Reidie, where the court found, 
 " That the statute 1592 intitles the patron to retain the 
 benefice, in case the Presbytery or other Church -judica- 
 ture, have refused to admit a qualified person ;" although, 
 after the date of this interlocutor, the Lords sustained an 
 objection to the patron's rights. 
 
 Obj. The presentee is disqualified by the Acts 1, and 
 5, Geo. L requiring every person, before he be hcensed, 
 or admitted to preach, to qualify. — Ans. The intention of 
 the law is sufficiently answered, by qualifying before ordi- 
 nation ; and many valuable members of the Church have 
 omitted to qualify till they have been presented to a bene- 
 fice. Besides, the penalty in the Act 5, Geo. J. is six 
 months' imprisonment, and being rendered incapable to 
 enjoy a benefice for a year after the oaths shall be taken ; 
 but the license is not forfeited, nor the settlement annul- 
 led. Arguments were likewise pled in answer to this ob- 
 jection, drawn from the act of indemnity which followed 
 on the Rebellion of 1745. 
 
 The callers of Mr. Lindsay made the numbers on their 
 side to be seventeen heritors, eight elders, and above 300 
 heads of families. A view of the concurrence on both 
 sides, with a list of the heritors, and the valued rent of 
 each, was exhibited for Belton. This made the numbers 
 for Mr. Dickson, to be twenty-two heritors, two elders, 
 and 150 feuers, tenants, and heads of families ; and for 
 Mr. Lindsay, about fourteen heritors, nine elders, and 250 
 heads of families; and the valuations of the heritors who 
 were for Mr. Dickson, £10,621 12s. 3ld. ; and of those 
 for Mr. Lindsay, £255, 3s. ll^d. i. e. less than a 46th part. 
 
 This case came before the Assembly on the 16th of May. 
 
152 ANNALS O*' THE ASSEMBLY. [1749. 
 
 The Synod's reference and Belton's appeal being both 
 read, the cause was taken up on the footing of the reference. 
 After parties were heard and members had reasoned at 
 great length, the question was put, Whether to appoint 
 a moderation to the presentee alone, or a moderation at 
 large ? and it carried for the former. Thereupon the As- 
 sembly appointed the Presbytery of Dunse to moderate 
 in a call for Mr. Adam Dickson alone, betwixt and the 
 1st of August next. 
 
 The Presbytery, however, had appealed against the de- 
 cree of declarator of the Court of Session to the House of 
 Peers, who, on the 28th March, 1750, gave the following 
 judgment* : — 
 
 " It is declared by the Lords Spiritual and Temporal, 
 in Parliament assembled, that his Majesty's Advocate for 
 Scotland ought to have been made a party in the action 
 of declarator brought in this cause ; and therefore ordered 
 and adjudged, that the several interlocutors complained 
 of in said petition, be reversed: and it is hereby further 
 ordered, That the respondent do make his Majesty's Ad- 
 vocate a party defender in this process, and also be at 
 liberty to bring such other parties before the court as he 
 shall be advised; but this order to be without prejudice 
 to any exception or objection, which may properly be 
 taken or made to the jurisdiction of the Court of Session, 
 touching any of the matters in question in this case." 
 
 But after the appeal had been lodged, the defect upon 
 which the above reversal is founded (viz., the King's Ad- 
 vocate not having been called as a party) was supplied by 
 a decree of declaratorf of Hay of Belton's right, obtained 
 before the Court of Session, against the officers of state, 
 the heritors of the parish, and all others having interest ; 
 and that decree was not appealed from. 
 
 This long-litigated case was brought to a final issue by 
 the Assembly of 1750, who (on the 18th May), without a 
 vote, " sustained Mr. Dickson's call, and appointed the 
 
 • See Craigie and Stewards Reports of Decisions in the House of Lords, 
 p. 478. 
 
 f It is rather sino[ular, that neither Mr. Dunlop, in his book on Parochial 
 Law (pp. 226, 308), nor any of the Counsel or Judges in the Auchterar- 
 der Ca"*e, seem to have been aware of the above fact. My authority is the 
 Scots INIaj'^azine for 1750, pp. 150, 200. It is iraportaiit to observe, how- 
 ever, that the House of Peers reserved the question of the Court of Session's 
 jurisdiction. 
 
1749.1 OVERTURE ON FREQUENT COMMUNION. 153 
 
 Presbytery of Dunse to proceed with all convenient speed 
 to his trials and settlement, so as his ordination and ad- 
 mission to that parish be completed on or before the 28th 
 September." 
 
 The other business transacted by this Assembly was 
 as follows : — 
 
 Act appointing Presbyteries to hold visitations tor set- 
 tling parochial schools, especially in the Highlands.* 
 
 Congratulatory address to his Majesty, upon occasion 
 of the general peace.— ISecured by the treaty of Aix-la- 
 Chapelle, 18th Oct. (N.S.) 1748.] 
 
 The committee for overtures transmitted to the Assem- 
 bly their opinion concerning the overture w^ith respect to 
 the translations and paraphrases of sacred scripture, and 
 the Assembly considering that amendments have been 
 proposed by several Presbyteries, but that by far the 
 greatest part of them have as yet sent up no opinion ; and 
 it being represented that, in the confusions of the late Rebel- 
 lion, many Presbyteries had lost the copies which had been 
 sent them, the General Assembly do again remit this mat- 
 ter to the committee named for the same purpose by pre- 
 ceding Assemblies, and do instruct them to consider the 
 amendments which have been offered, and to admit such 
 of them as they judge proper and material, and to cause 
 print a new impression of the collections so amended, and 
 send copies of the same to the several Presbyteries, who 
 are hereby appointed to send up their opinion to the next 
 General Assembly. 
 
 The committee for overtures brought in a report, that 
 there had been laid before them overtures from three Sy- 
 nods, concerning the more frequent celebration of the 
 Lord's Supper,\ and proposed the Assembly should ap- 
 
 • This Act was passed in consequence of a representation from tW So- 
 ciety for Propagating Christian Knowledge, complaining that several High- 
 land Presbyteries, instead of taking the proper steps for establishing /^ansA 
 schools, " seemed totally to depend upon the charity schools of the Society 
 —and threatening, that unless this were remedied, the Society would with- 
 draw their schools, " which were never meant to supersede any mean ot 
 instruction whatever, far less a mean established by law." 
 
 f One of these Synods was the Synod of Glasgow and Ayr, on a proposal 
 from the Presbytery of Glasgow, in Oct. 1748. It bore, " that except in a 
 few places, this sacrament is administered only once a-year in each paiisD, 
 and in some parishes but once in two years ;— that the manner in which it la 
 commonlv administered greatly obstructs the frequent administration oJ it , 
 
154 ANNALS OF THE ASSEMBLY. [1749. 
 
 point a special committee to prepare a draught of an over- 
 ture, to be transmitted to Presbyteries for their opinion 
 thereupon. The General Assembly having heard the said 
 report, do recommend to Presbyteries to send up their 
 opinion upon this subject to the next General Assembly. 
 
 and that tbe number of sermons upon such occasions, and the many parishes 
 thereby laid vacant on the Lord's-day, are accompanied with several great 
 inconveniences, if not also, too often, with scandalous profanations of that 
 holy day. The overture therefore proposes, That the Lord's Supper be ad- 
 niiuisteted at least four times a-year in every parish, and on the same Sabbath 
 in every parish of the same Presbytery ; and that only one day in the pre- 
 ceding week, either Friday or Saturday, be set apart for preparation." — 
 An anonymous writer of the period (Scots Mng. 1749, p- 126) says, that 
 trifling, or at least irrelevant reasons, made the Sacrament often be put oflf 
 to a seventh or eighth year. He adds, «< I have at times heard ministers 
 honestly own the expense of administering as the reason of their dispensing 
 this ordinance no oftener ; and it is to be feared, that this is for most part 
 the true reason of their remissness." The originator of the present move- 
 ment was probably Dr. John Erskine, who was at this period minister of 
 Kirkintilloch, in the Presbytery of Glasgow, and who published in 1749 his 
 '* Essay intended to promote the more frequent dispensation of the Lord's 
 Supper." The following are the remarks of Sir Henry Moncrieff on the 
 subject : — '< There were certainly strong reasons for the proposal which was 
 the object of this essay, as well as for many of the alterations which were 
 suggested to render it practicable. The subject had been under the consi- 
 deration of the Presbytery of Edinburgh in 1720, who, without going as far 
 as the overture from the Synod of Glasgow and Ayr, had abridged the num- 
 ber of sermons, and made an arrangement by which the Lord's Supper was 
 to be dispensed in one or more of the congregations within the bounds of 
 the Presbytery, in every month of the year. But no change had hitherto 
 been made in other districts of Scotland, where, because the inconvenience 
 attending the common practice was obviously greater, there was more occa- 
 sion for reformation. Dr. Erskine discussed this subject with singular abil- 
 ity and learning, and his essay is, in point of execution, equal to any one of 
 his other publications. He states, from the original authorities, the doctrine 
 and practice of the early ages of the Church ; the decisions of Councils, and 
 the opinions of the Fathers on the subject, with the practice of the reform- 
 ers and of the reformed churches down to the latest period, as far as he had 
 been able to procure them. He then represents the practice introduced into 
 Scotland, immediately after the Refurination, and the circumstances in tbe 
 times of persecution, from which a different mode was adopted. He points 
 out the inconvenience attending the multiplicity of sermons which had been 
 tiist brought into practice, when the Lord's Supper was di>pensed under the 
 rod of persecution, and which was still continued when the circumstance* 
 were no more the same ; and he shows bow unnecessary and inexpedient the 
 same number of sermons becomes in different times, — placing, in a very 
 striking and forcible light, the arguments which then pressed on his own 
 mind in support of the Synodic.il overture. The number of sermons might 
 perhaps be more abridged than they have yet been, without any material 
 injury to practical religion ; and the Lord's Supper might, with considerable 
 advantage, he still more frequently dispensed than it is at present. But it 
 is also possible, that, on this subject, a change in the habits of the people 
 might be carried farther than either prudence or expediency would warrant ; 
 and, in the ciicumstances of the Scottish Church, much farther than would 
 be justified; either by experience or authority. Notwithstanding the prac- 
 
1749.] SETTLEMENT OF METHVEK. 155 
 
 It is recommended to the Presbyteries of Nortii Isles, 
 Alford and Strath bogie, in time coming, to choose elders 
 as well as ministers, Commissioners to the General As- 
 sembly. 
 
 The sentence of the Synod of Moray, refusing the 
 transportation of Mr. Patrick Grant, minister at Calder, 
 to be minister of Vrray, in the Presbytery of Dingwall, 
 reversed ; the said Mr. Patrick Grant transported from 
 his charge at Calder, to be minister of the said parish of 
 Urray ; and the Presbytery of Dingwall appointed to ad- 
 mit him to the said parish of Urray, betwixt and the first 
 of August next ; and the Presbytery of Inverness appoint- 
 ed to declare the church of Calder vacant, the first Sab- 
 bath after Mr. Grant shall be admitted to Urray. 
 
 The sentence of the Synod of Glasgow and Ayr, find- 
 ing that Mr. Lockhart of Lee, who had given his presen- 
 tation to Mr. Robert Di( k, probationer, to be minister of 
 Lanark.,^ has the preferable right to that claimed by the 
 town of Lanark, who had presented Mr. James Gray, 
 minister at Rothes, in whose favour also a presentation 
 from the crown was granted, to be minister of the said 
 town and parish of Lanaik, affirmed ; and it is remitted 
 to the Presbytery of Lanark to consider the import of the 
 crown's right, and to proceed further to the settlement of 
 the said parish, according to the rules of this Church. 
 
 The Presbytery of Perth appointed to moderate in a 
 call to Mr. James Oswald, minister at Dunnet, alone, to 
 be minister of the parish of Methven^ he having accepted 
 of a presentation thereto from David Smith of Methven, 
 patron of the said parish ; and the Commission are em- 
 powered, at their meeting in November, or any subse- 
 
 tice of the foreign churches, and its coinciiJeoce with Dr. Erskine's original 
 opinion, it appears more than prohahle, that if he had been to write on the 
 same subject fifty years later, though he would have maintained the substance 
 of the same doctrine, be would not have gone quite so far in suggesting re- 
 medies, as the overture from the Synod of Glasgow did in 174b-49. He 
 republi>hed his essay, indeed, among his theological dissertations, without 
 alteration, in 1764. But when it was edited again, without his knowledge, 
 a short time before his death, there is some reason to believe, that be was 
 not satisfied with that proceeding, and that he would not then have repub- 
 lished it himself, without many alterations." A pamphlet on the same side 
 appeared by Mr. Thomas Rindall, then of Inchture, afterwards of Stirling 
 (father of the late Dr. Davidson). At a later period, Dr. Snodgrass of 
 Paisley succeeded in introducing into that town a plan of more frequent 
 Communion, with fewer preaching days. 
 
 * For the conclusion of this important case, see under the next yean 
 
15G ANNALS OF THE ASSEMBLY. [1749. 
 
 quent meeting, to take in, cognosce and finally determine 
 in any reference or appeal that shall regularly be brought 
 before them, relative to that settlement. — [See under next 
 year.] 
 
 The sentence of the Synod of Fife, affirming a judg- 
 ment of the Presbytery of Kirkaldy, refusing to grant a 
 limited moderation of a call to Mr. Niel Beton, proba- 
 tioner, presented by the crown to be minister of tlie parish 
 of Kennoivay, reversed, and the said Presbytery appointed 
 to proceed to the moderation of a call to the said Mr. Niel 
 Beton, alone, and that betwixt and the first of August next. 
 
 Reference to the Commission to cognosce and finally 
 determine in a process carried on before the Synod of 
 Perth and Stirlmg, against Mr. Gilbert Man* minister at 
 Monedie, and by them referred to this Assembly. 
 
 The overture concerning joroce^s^^ against probationers 
 ordered to be transmitted to such Presbyteries as have 
 sent up no reports thereon. 
 
 A reference from the Synod of Angus and Mearns of 
 a cause brought before them, by appeal from a sentence 
 of the Presbytery of Forfar, concurring with a presenta- 
 tion to Mr. Robert Traill to be minister of Rescobie, not- 
 withstanding of a call given to Mr. James Hunter, pro- 
 bationer, to be minister thereof, heard, and the said Pres- 
 bytery appointed to proceed to the trials and settlement 
 of the said Mr. Robert Traill to be minister of Rescobie, 
 with all convenient dispatch, according to the rules of this 
 Church. 
 
 A sentence of the Synod of Lothian and Tweeddale, 
 appointing the Presbytery of Linlithgow to proceed to 
 the trials and settlement of Mr. James Watson, proba- 
 tioner, to be minister of the parish of Torphichen^ who 
 lias a presentation from the Right Hon. the Lord Torphi- 
 chen, patron, and a call by several heritors and others of 
 that parish, affirmed, and the said Presbytery appointed 
 to proceed to the trials and settlement of the said Mr. 
 James Watson, to be minister of the parish of Torphichen, 
 with all convenient dispatch, according to the rules of this 
 Church.f 
 
 * See last year at p. 115. The case was not finally disposed of till the 
 meeting of the Commission, March 15, 1750, when Mr. Man was rebuked 
 by the Moderator. 
 
 f A very full account of this case (which also came before the two next 
 Assemblies) will be found in the Commons' Report on Church-Patronage 
 
1749.] MISCELLANEOUS BUSINESS. 15/ 
 
 An appeal of David Haggart of Cairnmuir, from a sen- 
 tence of the Synod of Perth and Stirling, finding him 
 guilty of a relapse in adultery with Babie M' William, and 
 likewise guilty of adultery with Margaret Haggart ; and 
 also finding him guilty of gross prevarication, and of 
 several artful and sinful attempts to hinder the evidence* 
 from declaring the truth ; and therefore appointing him 
 to be laid under the sentence of the greater excommuni- 
 cation, referred to the Commission. 
 
 The Procurator and Agents for the Church appointed 
 to carry on the necessary processes, at the public charge, 
 for removing the grievances which the ministers of the 
 Presbytery of Gairlocli labour mider, by want of churches 
 and manses^ but that the expense be replaced out of what 
 shall be recovered at the issue of such processes. 
 
 The Moderator appointed to write to the Right Hon, 
 the Lord High Chancellor of Great Britain, the Right 
 Hon. the Speaker of the House of Commons, and to his 
 Majesty's principal Secretaiies of State, returning them 
 the thanks of the Assembly for their countenance and fa- 
 vour in passing the bill in Parliament for explaining and 
 amending the Act for establishing the Widows Fund. 
 
 The proposal for distinguishing the respect, in the <?«//- 
 ing of ministers^ due to those who express a suitable re- 
 gard to religion and gospel ordinances, and excluding 
 those of a contrary character from voting in such elec- 
 tions, again referred to the Commission. 
 
 An amended overture about licensing probationers trans- 
 mitted to Presbyteries. 
 
 The Synod-book of Argyle attested, with a recommen- 
 dation, that, when they receive any letters from the As- 
 sembly or Commission, they cause engross the same at full 
 length, or an abstract thereof in their register. 
 
 The Assembly rose May 22d.* 
 
 ( Appendix, p. 39), as extracted from the Presbytery Records. The vacancy 
 occurred on the 7th August, 1747, by the death of the Rev. John Bonar— 
 one of the twelve Marroio-men. Lord Torphichen, the patron, proposed a 
 leet of five, but many in the parish petitioned to have Mr. James Turnbull, 
 preacher at Methven, added to it, which the Presbytery, bv a majority, re- 
 fused to allow. When the call was moderated in, two heritors voted for I\Ir. 
 Williani Gilmour, and twenty-four for Mr. James Watson (the number in 
 the parish being sixty), but no elder. The Presbytery referred the case to 
 the Synod, who sustained Mr. Watson's call. 
 
 * The practice of mentioning in the printed Acts the psalm sung, &c. at 
 the close of the Assembly, was discontinued after 1748. 
 
158 ANNALS OF THE ASSEMBLY. [175Q. 
 
 1750. 
 
 The General Assembly met on the 10th of May, and 
 chose Mr. Robert Paton, minister at Renfrew, Moderator. 
 The Earl of Leven was High Commissioner. 
 
 On the 12th, the following- report was laid before them: 
 
 Tlie report of the committee appointed by the last General 
 Assembly to have under considei^ation lohat concerns the 
 augmentation of ministers stipends. 
 
 The committee, according to the instructions and powers 
 given them by the last General Assembly, sent letters to 
 all the Presbyteries in Scotland, with proper queries to 
 the several ministers relating to the facts which the com- 
 mittee were directed to inquire into, and such other things 
 as appeared to them of consequence for answering the 
 Assembly's design. In which letters they also desired 
 Presbyteries to apply to the nobility and gentry within 
 their bounds, in the most proper and respectful manner, 
 in order to obtain their concurrence in promoting any pro- 
 per plan that might be formed for the relief of such minis- 
 ters as are not sufficiently provided. 
 
 To assist them further in their inquiry into the proper 
 facts, they procured from Mr. .Joseph Williamson, Clerk 
 to the Commission of Teinds, an attested abstract of the 
 stipends of 343 parishes, taken from the records of that 
 court. 
 
 By a calculation* of the necessary annual expense of a 
 minister's family, it appeared to the committee that ten 
 chalders of victual, oatmeal, and bear, or the value of it in 
 money, according to the usual conversion in the sale of 
 lands in the parts of the country where the respective 
 parishes lie, is no more than a moderate provision for mi- 
 nisters all over Scotland ; and therefore, they give it as 
 their opinion, That the above-mentioned quantity of vic- 
 tual, or the value of it in money, according to the usual 
 conversions in tlie several parts of the country, is reason- 
 able to be proposed as the minimum of ministers' stipends 
 
 * The following was tbe calculation made : — 
 Calculation, shelving, at a medium, the necessary annual expense of a 
 minister's family on the sotith side of the Forth; in which it is sup- 
 
THE AUGMENTATION-SCHEME. 
 
 159 
 
 1750.J 
 
 all over Scotland ; — that the proposed augmentation should 
 arise out of the tithes, the law having considered these as 
 the proper fund for augmentations ; and that where the 
 tithes are exhausted, or where the panshes are very small, 
 it ought to he considered how far, in such cases, the aug- 
 menting of stipends may be effectuated by annexations ; 
 and, in the meantime, some funds, such as the bishops' 
 rents, &c. (for which an humble application may be made 
 to his Majesty), might be applied for the support of the 
 present incumbents, until such annexations take place. 
 
 It being represented to the committee, That the en- 
 larging of the present glebes would be of great conse- 
 quence, and the most beneficial method of augmenting 
 ministers' stipends, at least in part, they propose, that, in 
 case of obtaining any addition to the legal glebes, a pro- 
 
 posed, that viinisters, one with another, have three children, and that 
 they are ohliged to keejy at hast two women servants, and one man. 
 
 1. To the expense of maintaioiDg the three eervants per 
 
 annum, at £"3, 12s. each, 
 
 2. To the wages of the two women-servants, at 16s. 8d. each 
 
 every half-year, and >£l, 10s. for the half-year's wages 
 of the man-servant, which h per annum, . 
 
 3. To the maintenance of the minister, his wife, and three 
 
 children, at no more than £l, 12s. 6d. per quarter 
 each, which is per annum, .... 
 
 4. For clothing each of the above five, one with another 
 
 £3 per annum, ...... 
 
 5. To coals, or other fuel, candle, soap, and other small ne 
 
 cessaries, yearly, ...... 
 
 6. To advice of physicians, and for medicines, yearly, 
 
 7. To the annual attendance on meetings of Presbyteries and 
 
 Synods, and attendance on General Assemblies and their 
 Commissions, one year with another, 
 
 8. For buying books, one year with another, 
 
 9. To the education of three children, supposed on the whole 
 
 to cost £.30 each, that is, in all £90 • and consequently 
 (seeing it appears from the calculations relative to the 
 widows' scheme, that ministers, one with another, live 
 about thirty years in the ministry), the childrens' edu- 
 cation may be computed, per annum, at . 
 10. To tear and wear of household furniture, bed and table 
 linen, &c. per annum, ..... 
 
 £10 16 
 
 6 6 8 
 
 32 10 
 
 15 
 
 
 
 
 
 £83 12 8 
 ^ N.B. Several other articles of necessary expense might have been men- 
 tioned, such as, charities public and private, expense of births and burials, 
 putting children to apprenticeships, and enabling them to do for themselves, 
 which will vastly more than overbalance any advantage that may be sup- 
 posed to arise from the present glebes, and any small profit of servant's work, 
 when not employed about the necessary business of the family. 
 
 2 
 
160 ANNALS OF THE ASSEMBLY. [1750. 
 
 portional deduction should be made from the ten chalders 
 of victual, or its value.* 
 
 The committee give it as their opinion, that the things 
 now proposed, in order to the augmentation of ministers' 
 stipends, cannot be made effectual without the aid of an 
 Act of Parliament ; and submit it to the wisdom of the 
 General Assembly, if it may not be proper to apply to 
 Parliament for that purpose, the next session thereof that 
 shall be held after the meeting of this Assembly ? 
 
 It being represented by the Synod of Orkney, and with 
 respect to the Presbytery of Zetland, That the victual in 
 these countries is far inferior in value to v>^hat it is in 
 neighbouring shires, at the same time that the rate of liv- 
 ing is equally high, — the committee do therefore give it 
 as their opinion. That the 7ninimiim of stipends in Orkney 
 and Zetland should be a quantity of victual equal in value 
 to ten chalders of victual in the shire of Sutherland, or 
 the value in money of such a quantity of victual. And it 
 being represented, That in Merse and Teviotdale, the 
 price of a chalder of victual, according to the usual con- 
 version, is not equal to what it is in the Lothians, at the 
 same time that living is equally dear ; therefore the com- 
 mittee proposes, that the minimum of stipends in Merse 
 and Teviotdale should be ten chalders of victual, or its 
 value, according to the usual conversion, together with as 
 much money as to make up the whole to £1000 Scots, or 
 £83 6s. 8d. sterling. 
 
 The committee further proposes, in order to lessen the 
 expenses of processes for augmentations. That, instead of 
 the present way of summoning heritors in these cases, the 
 charges of which are often very considerable, especially in 
 remote placesf , the method of sisting them might be, sum- 
 moning them at the church door by a messenger, and the 
 
 * By an Act of Parliament, in 1617, the minimum had been fixed at 5 
 chaldeis or 500 raerks, but in 1633 it was raised to 8 chalders or 80O 
 inerks. 
 
 "f In the year 1724, the Presbytery of Zetland consulted Mr Dundasot 
 Philpston, then Procurator for the Church, What it was proper for them to 
 do when heritors take up the minister's tithes from the tenants at their own 
 hands (which is a case still subsisting) ? In answer, Philpston advised them 
 to raise an inhibition of teinds, and cause execute the same ; and if, after 
 this, they continued to intromit, &c. to pursue a spuilzie of teinds. But it 
 will be found, that, in such a cass, the cure will be worse than the disease. 
 
1750.] THE AUGMENTATION-SCHEME. 161 
 
 minister's writing to non-residing heritors, — the last of 
 which should be instructed by a certificate under the mi- 
 nister's hand, according to the present practice in the case 
 of repairing churches and manses. 
 
 The committee, considering also the hardships and ex- 
 pense to which many ministers are subjected from the dihi- 
 tory payment of their stipends, are of opinion, that it might 
 be a considerable remedy to the same grievance, if a law 
 was obtained, enacting. That, in case the stipend, or any 
 part of it, shall not be paid at the first term of Whitsun- 
 day or Martinmas after it becomes payable, then it shall 
 bear interest from the term of payment. 
 
 The committee do further report, That, in return to 
 the letters and queries sent to the Presbyteries, they have 
 received reports concerning 780 benefices, and other facts 
 respecting the parishes these belong to ; from which, to- 
 gether with the account of 53 stipends more, contained in 
 the attested abstract from the records of the Commission 
 of Teinds, they have caused insert into a book, which they 
 had ordered to be prepared for that purpose, a state of 
 833 benefices, and other facts relating to these, reduced to 
 proper distinct columns. And from the said scheme-hook, 
 the committee have caused draw out an abstract of the 
 principal facts, which is herewith produced. From whenc6 
 it appears, that, of those 833 benefices, separating what is 
 allowed for communion -elements, there is 
 
 as will be evident, if it is considered, — 1. That the inhibition must be sent 
 for from Edinburgh ; that is, upwards of 300 miles distance from some mi- 
 nisters in that country, and through a sea not ordinarily crossed save in sum- 
 mer. — 2. That this inhibition must be intimate by a messenger, whereof 
 there is but one in that country, and he twenty, thirty, or more miles distant 
 from some ministers' houses — 3. That it must be intimate at every kirk 
 door of the minister's parish, on a Sabbath when public worship is at the 
 kirk. — 4. That some ministers have four kirks to preach at, one six miles, 
 another nine, and a third twenty-two miles from his residence ; and, there- 
 fore, before the messenger can publish the inhibition at all these kirks, he 
 must remain at least four Sabbaths in that minister's charge. — 5. That the 
 inhibition must also be intimate to every heritor, however distant ; yea, and 
 to each head of a family, as every householder pays his part of the stipend ; 
 and perhaps there are upwards of 200 families in the minister's charge. — 6. 
 After all this, suppose a process of spuilzie be found necessary, where shall 
 the poor minister, who (by supposition) has his teinds kept back from him, 
 have wherewithal to subsist his family, and carry on such a tedious expensive 
 process?" — Memorial in favour of the Augmentation- Scheme, hy WiUiavi 
 Steel of Waygateshaw, Minister at Dahtrf. Edin. 1750. 
 
 o 3 
 
162 
 
 
 ANWALS OF THE ASSEMBLY. 
 
 [1750 
 
 
 
 f 
 
 
 £ 
 
 1 
 
 under 
 
 25 
 
 
 
 3* ^ 
 
 
 r 25 ^ 
 
 
 f 30 
 
 12 
 
 
 30 
 
 
 35 
 
 25 
 
 
 35 
 
 
 40 
 
 106 
 
 
 40 
 
 
 45 
 
 126 
 
 
 45 
 
 fl 
 
 50 
 
 84 
 
 
 50 
 
 •5 
 
 55 
 
 119 
 
 
 55 
 
 -4^ 
 
 60 
 
 94 
 
 
 60 
 
 
 65 
 
 119 
 
 38 
 
 o 
 
 ■ 1 • 
 
 65 
 70 
 
 ■ f • 
 
 70 
 75 
 
 27 
 
 rt 
 
 75 
 
 § 
 
 80 
 
 22 
 
 
 80 
 
 TS 
 
 85 
 
 7 
 
 
 85 
 
 90 
 
 9 
 
 ' 
 
 90 
 
 
 95 
 
 12 
 
 
 95 
 
 
 100 
 
 3 
 
 
 100 
 
 
 105 
 
 2 
 
 
 105 
 
 
 110 
 
 8 
 
 
 L 110 . 
 
 
 L 115 
 
 16 
 
 of 
 
 138: 1 
 
 7: 9f 
 
 
 and that the total of these benefices, deducing what is upon 
 the whole allowed for communion-elements, amounts to 
 £50,266 15s. Sjfd. ; and in these are included stipends 
 that are not paid out of the tithes. And it is to be ob- 
 served, that 65 are under the present legal minimum of 
 800 merks, or £44 8s. 10§d. sterling; and 182 have no 
 allowance for communion-elements. 
 
 The committee further report. That, with respect to 
 glebes and grass, they have only received reports relating 
 to 774 benefices, whereof 62 have no allowance either for 
 glebes or grass ; 255 have glebes, but no grass, or allow- 
 ance for it ; and 457 have both glebes and grass ; but 
 severals are under the legal, as appears more particularly 
 from the abstract. And these two numbers who have 
 either glebes or grass, amount to 712 ; and the total value 
 of their glebes, including the grass, is computed, according 
 to the reports, to be in all £2855 lis. 8d. It follows that 
 each is worth, at a medium, £4. 2-j'^d. 
 
 * INIr. Steel, in his Memorial, gives a list of small stipends, among which 
 are, Culsalmond, in Garioch Presbytery, of £30, lis. Id. ^ Cumray, in 
 Irvine Presbytery, of £30, 2s. lid. ; Coll, in Mull Presbytery, of £27, 159. 
 6d. ; and Ruthveo, in Meigie Presbytery, of £24, IO3. 
 
1750.1 THE augmentation-scheme: 163 
 
 And they further report, That, hy a calculation formed 
 upon the account of the tithes of 324 parishes contained in 
 the attested abstract before mentioned, it appears that the 
 tithes in Scotland, not affected by ministers stipends will 
 amount to near £60,000 sterling ; and, though the state of 
 the tithes taken from that abstract may not be quite accu- 
 rate, yet these inaccuracies will have but very small influ- 
 ence on the general conclusion. 
 
 Upon the whole, The plan of the projected augmenta- 
 tions which the committee offer to the Geneml Assembly 
 is _1 To have the miniinum of stipends raised to what 
 is' above proposed; that is to say, that the ^'^^"^^^ 
 over Scotland (except in Orkney and Zetland, and the 
 shires of Merse and Teviotdale, where the circumstances 
 are somewhat special) shall be ten chalders of victual, or 
 its value, according to the usual conversions ;• that in Ork- 
 ney and Zetland, it shall be a quantity of victual equal in 
 vaL to ten chalders in the shire of Sutherland or the 
 value in money of such a quantity of victual ; ^nd that in 
 Merse and Teviotdale, it shall be ten chalders, or its value 
 in money, together with as much money as to make up 
 the who!; stipend to £1000 Scots, or £83 6s. 8d steriing 
 2. That, in case of obtaining any addition to the legal 
 fflebes, a proportional deduction shall be made from the 
 L chaldeis of victual, or its value.--3. That, m processes 
 for augmentations, the law might direct the method of cit- 
 ing heritors to be, summoning them at the church door by 
 a messenger, and the minister's writing to non-residing 
 heritors,-the last of which shall be instructed by a cer- 
 tificate under the minister s hand.~4. That there may 
 be a law enacting. That in case the stipend, or any part 
 of il shall not be^^aid at the first term of Whitsunday or 
 Martinmas after it becomes payable, then it shall bear in- 
 terest from the term of payment.-And the question be- 
 ing proposed, and reasoned upon, Whether or not the 
 committee should move to the General Assembly to make 
 immediate application to the Legislature for the purposes 
 above-mentioned ? the same being put to the vote, it cai- 
 ried by a majority in the affirmative. And, f ccordingl^S 
 the committee, considering the reports they have got m 
 answer to the queries sent to Presbyteries, which give 
 ?hem a clearer \nd fuller view of the circumstances of 
 ministers of this Church, and the necessity of the proposed 
 
164 ANNALS OF THE ASSEMBLY. [1750. 
 
 augmentation, give it as their opinion to the General As- 
 sembly, That they should make immediate application to 
 Parliament for the purposes above set forth, the first ses- 
 sion thereof that shall be held after the meeting of this 
 Assembly. Wiiereupon Messrs. Alex. Webster, James 
 Stevenson, James Lindsay, and George Wishart, craved 
 it might be marked, that they voted against this opinion 
 of the committee for an immediate application. — Signed 
 in name of the committee, by 
 
 Patrick Cuming, Modr. 
 
 George Wishart, Cls. Eccl. Scot, 
 
 This Report was taken into consideration by the As- 
 sembly on the 14th. After long reasoning, it was agreed, 
 without a vote, (on the motion of Dundas of Arniston, 
 Lord President,) to apply to the Legislature next session 
 of Parliament, by representing, in general, that many 
 ministers of the Church of Scotland are under great hard- 
 ships by reason of the smallness of their stipends, and 
 praying for such relief as shall to the wisdom of Parliament 
 seem meet. [The debate lasted from ten noon till eight at 
 night.] The Moderator, Principal Campbell of Glasgow, 
 Professor Cuming, Messrs. Alexander Maclagan, William 
 Steel at Dalserf, William Steel at Sorn, Robert Wallace, 
 and James Lindsay, ministers, and the Marquis of Lothian, 
 the Lords President, Advocate, Justice- Clerk, Drummore, 
 and Shewalton, Mr. Robert Dundas, and Mr. David Dal- 
 rymple, Ruling Elders, were appointed a committee to 
 prepare a plan of the method of conducting the affair, and 
 to report. 
 
 This committee gave in their report to the Assembly on 
 the 17th ; and all the articles of it were approved of, ex- 
 cept the last, viz. " That in the application to Parliament 
 there should be no proposal made as to any alteration of 
 the minimum of stipend ;" in place of which it was pro- 
 posed to insert the following clause, viz. " Most humbly 
 to pray for relief in the premises, and such further relief 
 as to his Majesty and the two houses of Parliament shall, 
 in their great wisdom seem meet. Upon the question 
 put. Which to insert ? it carried for the latter by a great 
 majority. A preamble was then proposed and agreed to ; 
 and the act and resolution passed as follows : — 
 
1750.] THE AUGMENTATION-SCHEME. 165 
 
 " The General Assembly, considering the distressed 
 circumstances of many ministers of this Church, arising 
 from the smallness of their stipends, the expense of pro- 
 cesses for augmentations, and the dilatory payment of sti- 
 pends, do resolve on an humble application to be made to 
 the King and Parliament for the following purposes : — 
 That in raising of summonses for modification, locality, 
 or augmentation of stipends, instead of the usual method 
 of summoning by a messenger, it shall be sufficient, that a 
 general citation be made by the parish-clerk from his desk 
 upon a Lord's-day immediately after divine service in the 
 forenoon ; and that letters be wrote by the Moderator of 
 the Presbytery to the absent heritors, except such as are 
 forth of the kingdom, who are to be summoned by a mes- 
 senger at the market-cross of Edinburgh, pier and shore 
 of Leith. — That it shall be in the power of the Modera- 
 tor, with consent of the Presbytery, to pursue for modifi- 
 cation, locality, or augmentation, whether there be a minis- 
 ter settled in the parish, or the parish be vacant. — That 
 ministers' stipends, if not paid within the year, shall bear 
 interest from the first half-year after they become due. — 
 That power be given to the Commission of Teinds, to sup- 
 press parishes which they find not proper to be continued 
 separate parishes, and to annex them to one or more of 
 the adjacent parishes. — That the Commission have like- 
 wise a power to alter the divisions of parishes, on a view 
 to divide them as they see cause. — The General Assem- 
 bly instructs those to be commissioned by them, most 
 humbly to pray for relief in the premises, and for such 
 further relief as to his Majesty and the two houses of 
 Parliament shall, in their great wisdom seem meet." — And 
 it was declared by the Moderator from the chair, to be the 
 mind of the Assembly, that by this last clause it was un- 
 derstood, that the Commissioners to Parliament might ap- 
 ply for an increase of the minimum. 
 
 On the Assembly's thus rejecting the last article of the 
 committee's report, and substituting in its stead the clause 
 above inserted, the Lord Napier entered his dissent, crav- 
 ing he might be allowed to give in the reasons of it in due 
 time. To which several hon. members adhered. 
 
 Then the Assembly resolved, to send three ministers 
 and one elder, as their Commissioners, to apply in their 
 name to the King and Parliament, for the purposes afore- 
 
166 ANNALS OF THE ASSEMBLY. [1750. 
 
 mentioned, viz. Mr. Robert Paton, minister at Renfrew, 
 Moderator of the Assembly; Mr. Patrick Cuming, Pro- 
 fessor of Church-history in the Univ ersity of Edinburgh, 
 and one of the ministers of the city ; Mr. William Steel, 
 minister at Sorn ; and Mr. David Dalrymple, Advocate, 
 and Procurator for the Church : and they recommended 
 to Mr. William Steel, minister at Dalserf, [who had pub- 
 lished a memorial in favour of the scheme] to go along 
 with the Commissioners, and give them his assistance. 
 
 Next day the following gentlemen were appointed a 
 committee to correspond with the Commissioners afore- 
 said, and to give them advice and direction, viz. Professors 
 Gowdie, Pollock, and Shaw ; Messrs. Alexander Mac- 
 lagan at Little- Dimkeld, Andrew Dickson at Aberladie, 
 Robert Baird at Dunlop, John Allan at Row, Theodore 
 Gordon at Kinnethmont, Alexander Geddes at Birsay, 
 William Craig at Glasgow, Robert Thomson at Killean, 
 Robert Monteith at Longformacus, Duncan Macfarlan at 
 Drymen, James Buclian at Walls, John Squyre at For- 
 ress, Wilham Somerville at Hawick, James Allan at Eye- 
 mouth, .Tames Nasmyth at Dalmenie, Peter Grant at 
 Urray, Robert Dalgleish at Linlithgow, William Thom at 
 Go van, Colin Campbell at Eaglesham, John Pinkerton at 
 Dalziel, Thomas Mutter at Lesswalt, Nathaniel M'Kie at 
 Crossmichael, James Lorifner at Mouswald, Alexander 
 Mackay at Dunoon, and Harry Spence at Wemyss, minis- 
 ters ; and Lord Drummore, the Lord Provost of Edinburgh, 
 the Master of Ross, Solicitor Haldane, Mr. Joseph Wil- 
 liamson, Mr. Robert Dalrymple, Dean of Guild Mont- 
 gomery, Mr. William Kier, Mr. White of Stockbrigs, 
 Commissioner Campbell, Mr Andrew Pringle, Mr. Camp- 
 bell of Lochlands, Mr. Melvil of Kirkmichael, Mr. Alex. 
 Macmillan, and Mr. Archibald Campbell, ruling elders ; — 
 of whom, five are to be a quorum ; such of them as reside 
 in or near Edinburgh, are to correspond with those who 
 live at a distance from that city, that they maybe the bet- 
 ter enabled to give advice; the Commissioners are to 
 direct their letters of correspondence to Professor Gowdie ; 
 and he is to call a meeting of the committee as often as it 
 shall be necessary. 
 
 On the 21st, Mr. Matthew Stewart, Professor of 
 Mathematics in the University of Edinburgh, was added 
 to the committee of correspondents ; this committee was 
 
1750.] THE AUGMENTATION-SCHEME. 167 
 
 appointed to revise the reports relating to stipends and 
 parishes, which have come up since the abstract produced 
 by the committee of last Assembly was prepared, or which 
 should hereafter come up, and to see them stated in the 
 scheme-book ; the Commissioners were appointed to have 
 their necessary charges and disbursements defrayed out of 
 the Church's public funds, and authorised to call for all au- 
 thentic papers and reports upon the subject of the augmen- 
 tation, which have been laid before the committee of the 
 last Assembly, or which may hereafter be transmitted into 
 the Clerk's hands ; and all Presbyteries were ordered to 
 address noblemen and gentlemen within their bounds, in 
 the most respectful manner, for their countenance and 
 concurrence in promoting the success of this application. 
 
 In the evening of this day, which was the last sederunt 
 of the Assembly, a paper, entitled. Reasons of Dissent, entered 
 by Lord Napier, and adhered to by several others, 8^^c. was 
 presented, and read. It was signed as follows : — Napier, 
 (Lord) ; Ro. Dundas, (Lord President) ; William Grant, 
 (Lord Advocate); Ch. Areskine, (Lord Justice- Clerk) ; 
 Patrick Boyle, (Loid Shewalton) ; G. Preston, (Sir 
 George, of Valleyfield) ; Gilb. Elliot, (of JVIiuto, junior) ; 
 Jo. Stuart, (of AUinbank, junior) ; George Sinclair, (of 
 Ulbster) ; Will. Binning, (Advocate) ; Ja. Ker (of Moii- 
 son); Ro. Dundas, (of Arnistmi, junior) ; George Peter, 
 (of Chapel) ; James Dundas, (of Philpston) ; J a. Leslie, 
 (Commissary). Besides these fifteen members, other five 
 adhered to the dissent when entered, viz. Messrs. James 
 Erskine, jun. Advocate, William Kirkpatrick, one of the 
 Principal Clerks of Session, Alexander Hamilton of Pen- 
 caitland, Archibald Campbell of Knockbuie, and James 
 Carnegie of Finhaven. I'he Assembly named the Modera- 
 tor, Professors Cuming, Shaw, and Pollock, Messrs. Alex. 
 Maclagan, William Steel at Sorn, Robert Baird, and 
 John Allan, ministers ; and Lord Drummore, Messrs. 
 Andrew Pringle, Joseph Williamson, Campbell of Loch- 
 lands, and the Procurator, ruling elders, a committee to 
 draw up answers to these reasons of dissent ; and ordered 
 both to lie in retentis.* 
 
 * To explain tlia extraordinary keenness which was displayed on both 
 sides iu this matter, it is proper to state, that from the period when this 
 Augmentation-scheme was tir>t mooted, it had met with great opposition 
 trom the landed interest (especially the Jacobites) ; and the freeholders o« 
 
168 ANNALS OF THE ASSEMBLY. [1750. 
 
 Having detailed the proceedings on this subject, we 
 shall now give an account of the other affairs which came 
 before the Assembly. 
 
 On the 15th, a letter in Latin from a Protestant church 
 at Breslau in Silesia was committed to the members from 
 the Presbytery of Edinburgh. On their report, the As- 
 sembly, May 19, passed an Act appointing a collection to 
 be made for building and endowing a church and school 
 for this suffering community at the doors of all the parish- 
 churches in Scotland on the third Lord's-day of November 
 next. 
 
 A complaint was presented, May 16, against the Pres- 
 bytery of Perth, for refusing to sustain a call moderated 
 by appointment of last Assembly to Mr. James Oswald, 
 minister at Dunnet in Caithness, to be minister of Meth- 
 ven, in virtue of a presentation from David Smith of Meth- 
 ven, Esq. and a concurrence of some heritors, &c. ; and 
 for persisting in such refusal notwithstanding a sentence 
 of the Commission. Another complaint was presented, 
 in name of Mr. John Moncrief of Tippermalloch, and 
 others, heritors and elders of the parish aforesaid, against 
 the sentences of the Commission in this affair. The As- 
 sembly, without a vote, dismissed the complaint against 
 the Commission, and peremptorily ordained the Presby- 
 tery of Perth to admit Mr. Oswald as minister of Methven 
 on or before the 10th of July next, with certification of 
 their incurring very high censure in case of disobedience. 
 
 Immediately after passing this judgment, the Assembly, 
 upon a narrative, that there occur frequent instances of 
 
 almost every county in Scotland passed resolutions against it. When it came 
 to be discussed in this Assembly on the 14th May, after a nine hours debate, 
 the Lord President made the healing motion above reported, but which 
 proved in the end the source of greater animosity, for each party interpreted 
 It as favourable to their own views. The chief point in debate had been 
 about the raisijig of the minimum. The committee that was appointed incon- 
 sequence of the Lord President's motion, contained, out of sixteen members, 
 no fewer than eight elders, wlio were all connected with the landed interest, 
 besides one minister at least (Mr. James Lindsay of Dumbarnie) who, as a 
 popular man, was lukewarm, if not hostile, to the scheme, as emanating 
 rather from the moderate interest. This committee, as might have been ex- 
 pected, reported against any application to Parliament to raise the miyiimum, 
 and when the Assembly rejected that part of their report, the opposition, 
 headed by the Lord President, set themselves against the whole scheme ; and 
 hence the singular, but not very creditable, appearanceof the Lord President 
 as virtually a dissentient from the resolution wldch he himself had proposed 
 and carried. He subsequently took the chair at the meeting of the Mid- 
 Lothian Freeholders to petition Parliament against it. 
 
1750.] CASE OF LANARK. 169 
 
 Presbyteries disobeying the orders of the supreme court, 
 appointed the following members, a committee to consider 
 of a proper method for remedying this evil, and for mak- 
 ing the sentences of the Assembly and Commission effec- 
 tual, viz. the Moderator, Principal Campbell of Glasgow, 
 Professors Gowdie and Cuming, Mr. Wallace, the Mar- 
 quis of Lothian, the Lords President, Advocate, and 
 Dnimmore. This committee, however, did not get 
 through the affair; and therefore the Assembly appointed 
 their Commission, to prepare an overture, to be laid be- 
 fore next Assembly, for securing the execution of the 
 sentences of Assemblies and Commissions; and empowered 
 them, in case Presbyteries be disobedient to any of the 
 sentences of this Assembly, to censure such Presbyteries. 
 The recommendation of last Assembly, that Presby- 
 teries should send up their opinions concerning the more 
 frequent celebration of the Lord's supper, was complied 
 with by but few of them, and the opinions that came up 
 were very different; therefore the Assembly, May 21, 
 ordered the overture on the subject to be again transmit- 
 ted to Presbyteries, that they may send their opinions on 
 it to the next Assembly ; and in the mean time recom- 
 mended to ministers, to have that ordinance administered 
 as often as the circumstances of their parishes can admit. 
 
 Upon a narrative, that the opinion oithe plurality ofPres- 
 teries is requisite before any public Acts can be passed, 
 and that few Presbyteries had returned their opinions 
 upon the overtures lately transmitted to them, the Assem- 
 bly remitted it to the several Presbyteries, to have under 
 consideration, and report to next Assembly, what may be 
 proper to be done in such cases. 
 
 Case of Lanark. — As this case, which became famous 
 in the annals of the Church, was this year finally disposed 
 of by the Assembly, we shall here present a continuous 
 view of it from the commencement to the close. In some 
 of its leading features it resembles the case of Culross, 
 reported under the preceding year. 
 
 On the parish of Lanark becoming vacant, in 1748, the 
 patronage was claimed by Lockhart of Lee, by Lockhart 
 of Carnwath, by the town of Lanark, and by the crown. 
 Lockhart of Lee presented Mr. Robert Dick, probationer : 
 
170 ANNALS OF THE ASSEMBLY. [1750. 
 
 the crown and burgh both presented Mr. James Gray, 
 minister of Rothes. 
 
 The predecessors of Lockhart of Lee had been infeft in 
 the patronage in the year 1647. The last vacancy had oc- 
 curred in 1 708, when, patronage being abolished, they could 
 not exercise the right of presentation ; but they did then 
 exercise without question or resistance the right to the va- 
 cant stipend which was reserved to patrons by the same 
 Act (1690) which abolished patronage. It was not alleged, 
 that since the period when they were infeft in the patron- 
 age, the crown, who now claimed it, had one act of pos- 
 session to plead. The pretensions of Lockhart of Carn- 
 wath and the town of Lanark seemed still more ground- 
 less ; and as the family of Lee and their authors were the 
 only patrons whom the Presbytery of Lanark found on 
 their record, that body in following out the remit of the 
 Assembly, 1749, (see p. 153) preferred Mr. Dick's pre- 
 sentation ; moderated in a call to him, sustained his call, 
 and resolved to proceed to his trials and settlement as 
 minister of Lanark. 
 
 From these sentences an appeal was taken to this As- 
 sembly, (1750) who, on the 15th May, affirmed them in 
 every particular, and " appointed the Presbytery to pro- 
 ceed accordingly." 
 
 But in endeavouring to give effect to the Assembly's 
 judgment, the Presbytery met with very great opposition 
 from the Magistrates and town's-people of Lanark, who 
 seem however to have been actuated more by hostility to 
 the Lee family (arising out of local politics) than by any 
 personal dislike to Mr. Dick. So strong was the ferment, 
 that the Presbytery, after making various unsuccessful 
 attempts to settle Mr. Dick, (in which they were thwarted 
 bv mob violence*) referred the whole matter to the Synod 
 of Glasgow and Ayr. 
 
 * Oil Sept. 16th (1750), when a minister went to serve the edict for Mr. 
 Dick's ordination, he was not allowed to enter the church, the populace having 
 riotously carried off the keys, and committed other excesses. Such was the 
 violeuceof political feeling between the officers of state and the Lockharts, that 
 the Lord Advocate (Mr. Grant, formerly Procurator for the Church) did 
 liot bring the rioters to justice, but left it to the private party. " On the 
 17th June, 1751, Robert Bjll and Christopher Bannatyne, presetit bailies of 
 Lanark, and three women and seven men, inhabitants of that town and 
 parish, indicted, at the iiistance of John Lockhart of Lee, and of John and 
 Allan Lockhart, elder and younger of Cleghorn, with concourse of his Ma^ 
 
1750.] CASE OF LANARK. 171 
 
 The Synod met at Glasgow Oct. 2, entered next day 
 on the settlement of Lanark, and unanimously agreed, to 
 contribute their best endeavours in assisting the Presby- 
 tery to execute the sentence of the Assembly. After 
 reasoning upon the most proper method, it was agreed, 
 considering the opposition made to the Presbytery, at 
 their former attempts, in proceeding to take any steps in 
 this affair, and the reasons for apprehending the like op- 
 position still, (which apprehension was confirmed by a let- 
 ter sent the Synod by the magistrates of Lanark), that 
 the Presbytery should ordain Mr. Dick at Glasgow, with 
 the concurrence and under the inspection of the Synod ; 
 that a letter should be written to the magistrates of Lanark, 
 intimating, that if they had any objections to Mr. Dick's 
 life or doctrine, they might have an opportunity of mak- 
 ing them at the Tron Church of Glasgow, next day, at 
 four o'clock afternoon ; and that Mr. Andrew Orr, Modera- 
 tor of the Synod, who is a member of the Presbytery of 
 Lanark, should preside at the ordination. As this method 
 was unusual, the Synod caused to be inserted in their 
 minutes the following reasons for it : — " 1. The opposition 
 to Mr. Dick is so far from being founded upon any dis- 
 like to himself, that they who are now his opposers, would 
 formerly have had him take a presentation from them, 
 
 jesty's Advocate, of being guilty, or art ami part, of a variety of mobs and 
 tumults, in order to hinder the settlement of Mr. Robert Dick, as minister 
 of that parish, were brought before the Court of Justiciary, when, after a 
 debate upon the relevancy, the Lords ordained informations hinc inde to be 
 given in. On advising these, July 5, the court found. That Messrs. Lock- 
 hart of Cleghorn had no sufficient'interest to carry on the process, but sus- 
 tained the title of Mr. Lockhart of Lee to do it; and found the libel rele- 
 vant to infer the pains of law, damages, and expenses. The trial proceeded 
 on the 8th ; and next day the jury returned their verdict, finding the libel 
 against the two bailies, and three of the other seven men, not proven ; but 
 proven against the three women, and other three of the men ; and finding it 
 proven, That William Vessie joined with the mob that obstructed the till- 
 ing of the minister's glebe, and loosed the horses from the yoke. The Lords 
 then assoilzied and dismissed the two bailies, and John Hastie, James Lyon, 
 and William Corr. Sentence was pronounced against the othci pannels on 
 the 12th, by which Rebecca Giles, Alartha Gray, and Jean FriscU, or Fraser, 
 the three vvonien, were ordained to be carried from the city-prison to the 
 correction-house on the 15th, and confined there till the 1 1th of November 
 next, and then to be dismissed. Allan Waygateshaw, James Wilson, and 
 George Young, are to be banished Scotland for three years, and in case they 
 return, to be whipped and again banished, and are allowed till the 1st of 
 August to prepare for their departure ; and William Vessie, in respect the 
 charge against hira is attended with less aggravating circumstances, is or- 
 dained to lie in prison till the 10th of August, and then to beset at liberty." 
 
 p2 
 
172 ANNALS OF THE ASSEMBLY. [1750. 
 
 and actually offered it : and they do not pretend that 
 there is any thing in Mr. Dick's character, or preaching, 
 that has given them ground to alter their sentiments. — 
 2. As the opposition is carried on by a lawless mob, who 
 have already committed several outrages, and threaten 
 they will resist unto blood, the Synod think themselves 
 under a necessity to take this extraordinary step, to dis- 
 courage for the future such unchristian disorderly prac- 
 tices, and to support the authority of the General Assem- 
 bly of this Church. 3. There is a very considerable num- 
 ber, about 160 subscribers to Mr. Dick's call, of heritors, 
 elders, and heads of families, as the Synod is informed; 
 and the Synod is w^ell assured, that his preaching-gifts 
 are very acceptable to the whole country." — Accordingly, 
 after a sermon by the Rev. Mr. John Maclaurin, Mr, 
 Dick was ordained minister of Lanark, in the Tron Church 
 of Glasgow, at four o'clock afternoon of the 4th ; and Mr. 
 Lockhart of Lee the patron, and a number of heritors and 
 others from the parish, there present, received him as 
 their minister. 
 
 On Sunday, the 7th October, Mr. Dick went to the 
 Church of Lanark with the view of preaching as the minis- 
 ter, but was prevented by a mob. 
 
 In the meanwhile, two actions of declarator had been 
 going on in the Court of Session (brought in March and 
 April 1749), by John Lockhart of Lee and George Lock- 
 hart of Carnwath, Esquires, against the officers of state, 
 and against each other, of their title to the patronage. — 
 The debate, however, was not reported by the Lord Jus- 
 tice Clerk until the 10th July, 1731,* when the Lords 
 found, " That neither the pursuer, John Lockhart of Lee, 
 nor the other pursuer, George Lockhart of Carnwath, 
 have produced a sufficient title to the patronage in ques- 
 tion ; and that, for ought yet seen, the said patronage re- 
 mains with the crown ; and, therefore, assoilzie the defend- 
 ers from both declarators and decern." According to Dun- 
 lop (on Parochial Law, 1835, p. 198), the court held that 
 "a grant i)^ iiovodmmis by the Exchequer in 1647, acting 
 under an Act of Parliament in 1645, empowering them 
 to expede new gifts, was null, without the sign-manual of 
 the King, who was at the time prisoner with the army.'* 
 
 * Nine months after Mr. Dick's settlement, and just the day after the 
 rioters had been found guihy, but before the sentence was pronounced. 
 
1750.] CASE OF LANARK. . 173 
 
 In consequence of this interlocuter, the Barons of Ex- 
 chequer, on the 26th August, granted a factory to uplift 
 the stipend payable to the minister of Lanark, bygone and 
 in time coming, till his Majesty's presentee should be set- 
 tled. And on the 5th of Sept., Mr. James Carmichael, 
 Clerk to the Signet, the factor, brought his action before the 
 Court of Session, against the heritors, for payment ; and, 
 among other defenders, called Mr. Robert Dick, the min- 
 ister. A multiple-poinding was brought by the heritors. 
 October 29, in which they called as defenders, the minis- 
 ter, the officers of state, and the factor. Parties having 
 been heard, and the debate reported by the Lord Drum- 
 more, the following interlocutor M'as pronounced, July 29, 
 1752 : — " The Lords prefer Mr. Robert Dick, the incum- 
 bent, to the stipend that hath fallen due since his admis- 
 sion to be minister of the parish of Lanaik, and in time 
 coming during his incumbency ; and decern accordingly." 
 
 A reclaiming petition was given in for his Majesty's 
 Advocate and the factor, in which notice is taken of the 
 court having been much divided on the question ; and a long 
 account is given of Mr. Dick's admission, concluding thus : 
 — " It is truly with great concern that the petitioners find 
 such things upon record of any of the reverend judicatures 
 of the Church of Scotland, and that these should contain 
 any proceedings, which, but to relate or set forth as they 
 truly happened, must serve to expose them. The peti- 
 tioners do this with the utmost unwillingness ; but it is 
 what their indispensable duty requires. The rightful pa- 
 tron (who in this case is the King himself), the well-quali- 
 fied presentee, by him offered in due time, the magistrates 
 and council, and body of the inhabitants of the town and 
 parish of Lanark, zealously affected towards that pre- 
 sentee, do all find themselves greatly aggrieved by these 
 untoward proceedings, herein above, and in the minutes 
 hereby referred to, recited and set forth, with no other 
 intent than to move or persuade your Lordships to give 
 redress to the parties aggrieved, which the petitioners do 
 earnestly wish to obtain from your Lordships, for many 
 reasons, and, inter alias, to prevent any farther occasion 
 of setting forth these same proceedings where it may other- 
 wise be necessary." It was therefore contended, I. That 
 Mr. Dick is not validly admitted ; and, 2. That, though 
 he were, the King, qua patron, is entitled to retain the 
 p 3 
 
174 ANNALS OB^ THE ASSEMBLY. [1750. 
 
 fruits till his Majesty's presentee be admitted ; as was late- 
 ly found in the case of Culross, and formerly in that of 
 Auchtermuchty. The court pronounced an interlocutor, 
 Nov. 25, 1752, " preferring Mr. James Carmichael, factor, 
 appointed on behalf of his Majesty, the patron, to the sti- 
 pends in question."' 
 
 Against this interlocutor Mr. Dick reclaimed. It was 
 said for him. That he was admitted in pursuance of a 
 judgment of the Assembly 1750, in which there were three 
 judges of the supreme civil court present, all voting on the 
 side of the judgment ; and that any uncommon methods 
 taken, relating to his admission, were rendered necessary 
 by the violent and riotous proceedings of the people of 
 Lanark, which did not subside till a criminal prosecution 
 was brought against the rioters. And it was contended, 
 That none of the servants of the crown are entitled to 
 challenge the private right of any subject, without a spe- 
 cial warrant from the King ; that as no such warrant had 
 been produced, his Majesty's Advocate had no title to 
 molest Mr. Dick in the possession of his benefice ; and 
 that such warrant was necessary in the present, if in any 
 case ; because, 1. The claim now made is founded on a 
 rigorous interpretation of an ancient statute, enacted above 
 150 years ago, of which no sovereign has ever attempted 
 to take the benefit ; and, 2. The particular regard his 
 Majesty has always shown to the Church of Scotland is 
 such, that it cannot be believed he would, upon a fair re- 
 presentation of the case, take the benefit of that statute to 
 deprive a minister who had been once legally established 
 by that Church. — To this it was answered. That the King's 
 Advocate received his Majesty's commands, signified to 
 him by his Secretary of State, by a letter, dated, White- 
 hall, Jan. 17, 1752, " directing and ordering his Lordship 
 to do every thing necessary, and competent by law, for 
 asserting and taking the benefit, in the present case, of the 
 said right and privilege of patrons by the law of Scotland, 
 to retain the fruits of the benefice in their own hands until 
 their presentee be admitted," and that his Lordship in- 
 formed the court of this before the interlocutor of Nov. 
 25, 1752, was pronounced ; but at the same time declared, 
 that he mentioned it only to clear himself from certain in- 
 sinuations which he knew to be unjust with respect to 
 himself, and by no means as judging any special warrant 
 
1750.] CASE OF LANARK 175 
 
 necessary for appear! r.g; in such a case as the present. The 
 court, March 2, 1753, pronounced an interlocutor precisely 
 the same with that of July 29, 1752, above recited. 
 
 On an appeal to the House of Peers, the following final 
 judgment was given : — " Die Merciirii, 9*^ Mail 1753. — 
 After hearing counsel, as well on Monday last as yester- 
 day and this day, upon the petition and appeal of William 
 Grant, Esq., his Majesty's Advocate for Scotland, on be- 
 half of his Majesty, and James Carmichael, Clerk to the 
 Signet, factor, appointed by the Barons of the Exchequer 
 in Scotland for levying the vacant stipends of the church 
 and parish of Lanark, complaining of two interlocutors of 
 the Lords of Session in Scotland, of the 29th July, 1752, 
 and 2d of March, 1753, and praying that the same might 
 be reversed ; and that the interlocutor of the said Lords, 
 of the 25tli November, 1752, preferring the said appellant, 
 James Carmichael, to the stipends in question, might be 
 affirmed ; and that such other relief might be granted the 
 appellant as to this house in their great wisdom should 
 seem meet ; as also upon the answer of Robert Dick put 
 in to the said appeal, and due consideration had of what 
 was offered on either side, in this cause ; it is ordered and 
 adjudged by the Lords Spiritual and Temporal in Parlia- 
 ment assembled, That the said interlocutors of the 29th 
 July, 1752, and 2d of March, 1753, be, and the same are 
 hereby reversed ; and it is hereby further ordered and 
 adjudged, that the said interlocutor of the 25th of Novem- 
 ber, 1752, be, and the same is hereby affirmed^ 
 
 The following additional particulars respecting this im- 
 portant plea, and its results, iy:e furnished by Sir Henry 
 Moncrieff, in the Appendix to his Life of Dr. Erskine 
 (p. 532):- 
 
 " After the right of patronage had been decided, and 
 the question relating to the induction of the minister came 
 before the Court of Session, it was pleaded for Mr. Lock- 
 hart of Lee, or rather for his presentee, that every patron 
 in possession is entitled to retain and enjoy his patronage, 
 till he is legally dispossessed ; that from the documents 
 produced to the Presbytery, added to those which were 
 found on their own record, he had a legal right to present 
 to the vacant benefice ; and that even though his right was 
 challenged before collation was given, his presentation was 
 notwithstanding legally entitled to be made effectual for 
 
176 ANNALS OF THE ASSEMBLY. [1750. 
 
 that vice, and could not be rendered invalid ofte?' execution, 
 by any subsequent decree setting- aside his right of patron- 
 age. In support of this doctrine were quoted, < Lamber- 
 tinus De jure patronatus, Lib. ii. Part 1, Qusest. 3. Art. 
 4. — Jacob's Law Dictionary. — Reg. Maj. Lib. 3, cap. 33.' 
 " It was pleaded, on the same side of the bar,* for the 
 Presbytery, that they had complied with the direction of 
 law, when they admitted the presentee of the patron in 
 possession, and, as far as they were instructed by the docu- 
 cuments before them, of the legal patron : That, though 
 the law requires a Presbytery to admit the presentee of 
 the patron, it has given them no remedy, in the case of 
 competing patrons, by which they can bring the claims in 
 competition before the civil courts: That the jurisdiction 
 which the law has given themimplies, that they must have 
 a power of judging of the rights of competing patrons, 
 prima insta?itia, to the effect of explicating that jurisdic- 
 tion : That their judgment must of course have the effect 
 to determine the settlement of the Church pro hac vice, 
 and after execution to exclude every claim for vacant 
 stipend : That the application of this doctrine does not 
 prevent tlie parties from bringing their civil rights to trial 
 afterwards, or to settle them in all time coming by the 
 sentence of the civil courts ; whereas, if the Presbyteries 
 have not the right of determining ^ro hac vice, as the op- 
 posite doctrine affirms, it would follow of necessity, that 
 they cannot comply with the law which requires them to 
 induct a presentee, in any case, where there is a competi- 
 tion for the right of patronage; and that, in this way, 
 parishes might be kept vacant for many years, during the 
 protracted litigations of competing patrons : That if pa- 
 trons should sometimes suffer by erroneous judgments 
 pronounced by Presbyteries, they would, in such instances, 
 have only their own negligence to blame, because they 
 ought to have taken measures to settle their rights of pa- 
 tronage before the vacancies occurred ; and that they have 
 not only no ground for complaint, when the Presbyteries 
 induct the presentees, who appear to them, from the docu- 
 
 * The counsel were Crii^ie (afterwards Lord President), M'Queen (after- 
 wards Lord Braxfield), and Brown (afterwards Lord Coalston.) Additional 
 extracts fruin theit pleadings will be found in the Report of the Auchterarder 
 case, vol. i. p. 317, as given by Mr. Hope from Lord Drummore's collection 
 of Session papers, now in his possession. 
 
1750.] CASE OF LANARK. 177 
 
 merits before them, to have the best title, but can have no 
 right to avail themselves of their own negligence to pro- 
 tract the vacancies by litigation, so as to deprive the parish- 
 ioners, in the meantime, of all the advantages of pastoral 
 care. And finally, that the power claimed by the Pres- 
 bytery of Lanark is no new or unfounded pretension: 
 That the same power was uniformly exercised by the 
 bishops in Scotland as long as episcopacy was established ; 
 and that the Presbyteries, coming in place of the bishops, 
 must be vested with the same jurisdiction. 
 
 « These arguments were completely successful in the 
 Court of Session, who unanimously* found, that the minis- 
 ter inducted had a legal title to the benefice. 
 
 " The same arguments, afterwards pleaded on an appeal 
 at the bar of the House of Lords, were not equally suc- 
 cessful there. Lord Ilardwicke, who was then the Lord 
 Chancellor, reversed the judgment of the Court of Ses- 
 sion, chiefly on a ground which none of the parties had 
 anticipated ; and which, not having at all occurred to the 
 counsel who had pleaded the case for the respondent, could 
 be met by nothing which had fallen from the bar. Lord 
 Hardwicke said, that he could not conceive how a Scotch 
 bishop could have been possessed of a power or jurisdic- 
 tion, which an English bishop never had. Though the 
 answer is very obvious, that they lived under very differ- 
 ent constitutions, and, as bishops, had in this point, and 
 many others, a very different jurisdiction, there was no 
 possible opportunity of making this reply. The decree 
 of reversal was in consequence pronounced ; and whether 
 it was well or ill founded, this decision has ever since been 
 held as having laid down the law on the subject. 
 
 " At the same time, the following anecdotef may be re- 
 lied on, although, as the question of law is now for such a 
 length of time understood to be settled, it is perhaps no 
 longer of any importance. 
 
 *' The counsel who pleaded for the presentee to Lanark, 
 and who belonged to the English bar, was so thoroughly 
 
 * This is a mistake— it was by the narrow majority of six to five — See 
 Ehhies' Report. 
 
 f See the Dean of Faculty's remarks on this anecdote in the Report ot the 
 Aucbterarder case, vol. i. p'. 320. Indeed, the reader will do well to com- 
 pare all Sir Henry Moncrieff's statements and opinions on this case with those 
 of Mr. Hope, in that Report. 
 
178 ANNALS OF THE ASSEMBLY. [1750; 
 
 convinced that the decision was wrong, and that the Lord 
 Chancellor had misapprehended the point on which he had 
 rested it, that he afterwards asked his Lordship to give 
 him an opportunity, for his own satisfaction, to converse 
 with him privately on the subject. He was the more soli- 
 citous to have this opportunity, that at first he had himself 
 been with difficulty persuaded to relinquish his English 
 prejudices, in favour of the powers claimed for the Pres- 
 byteries in Scotland, and asserted to have belonged to the 
 Scotch bishops ; but was ultimately so thoroughly per- 
 suaded that the doctrine was sound, that he thought he 
 would either be able to satisfy Lord Hardwicke that the 
 decision was not founded in law, or would hear from his 
 Lordship a reason to convince him that his own opinion 
 had been too hastily adopted. Lord Hardwicke very 
 readily gave him the opportunity which he requested. — 
 The result was, that he so completely convinced his Lord- 
 ship that he had taken up an English idea, not applicable 
 to the law of Scotland, and that the ground on which he 
 had chiefly rested his decision was untenable, that he can- 
 didly acknowledged his mistake ; and requested him to 
 say to the clergyman chiefly concerned, Avhom he had seen 
 at the bar, that he was afraid he had done him an injury 
 by an involuntary mistake, which he had not the power of 
 correcting ; but trusted that he would be candid enough 
 to believe, that he had acted conscientiously at the time, 
 and sincerely intended to do justice to all the parties. 
 
 " This anecdote the writer received from Dr. Dick, the 
 clergyman in question, a very few weeks before his death. 
 He had been translated from Lanark to Edinburgh in 
 1754 ; and, even at that distant period (in 1782), he men- 
 tioned this history of his case in the House of Lords, with 
 a considerable degree of emotion. He had suff^ered severe- 
 ly from the litigation. He had entered into life more in- 
 dependent than most of his brethren. But the expense 
 of living at Lanark for the greatest part of four years with- 
 out a stipend,* added to the expense of the process, which 
 (excepting the assistance which he got from the public 
 
 " * The right to the church, the manse, and the glehe, were afterwards 
 determined in f.ivnur of Dr. Dick, who possessed them till he came to Edin- 
 burgh." — Lord Moncrieff's Speech in the Auchtcrarder case, vol. ii. p. 
 352. 
 
1750.] CASE OF LANARK. 179 
 
 funds of the Church at the disposal of the Assembly*) fell 
 entirely on himself, had nearly exhausted his resources 
 before he was translated to Edinburgh ; and materially 
 affected his private comfort to the end of his life.f 
 
 " Dr. Dick was unquestionably one of the ablest and most 
 distinguished men whom the Scottish Church has ever 
 possessed. The extent of his knowledge, the correctness 
 of his taste, the vigour of his talents, his capacity for the 
 business of active life, and the powerful, chaste, and com- 
 manding eloquence, in which he had so few competitors, 
 raised him far above the level of the greatest part of his 
 contemporaries. Not unconscious of his own superiority, 
 he had a strength of principle, and a delicacy of feehng, 
 which often prevented him from asserting his just preten- 
 sions, and which gave his character a dignity and pre- 
 eminence, of which every individual who associated with 
 him was conscious. 
 
 " His eloquence in public debate was of the highest 
 order : heard indeed but seldom, and never on insignificant 
 subjects — but when it did break forth, the splendid and 
 vigorous eloquence of intellect and feeling, supported by 
 dignity of manner and powers of language, which the ablest 
 of his opponents felt to be irresistible.;]: In a higher situa- 
 
 * The Assembly of 1761 voted him £200, with interest from the date of 
 the decree of the House of Peers — Edit. 
 
 '•f Before this subject is dismissed, it should be mentioned, that, inde- 
 pendent of every question of law, the opposition made to Dr. Dick's settle- 
 ment at Lanaik was the effect of a political intrigue, conducted by the magis- 
 trates of Lanark, supported by the officers of the crown. The magistrates 
 at first claimed the patronage to themselves, and offered a presentation to the 
 Presbytery. But sensible that their claim couM not he sustained, they had 
 influence to obtain a presentation from the crown in favour of the same in- 
 dividual whom they had presented. Their own presentation was not insisted 
 on ; and all the subsequent litigation for the patronage was between the 
 crown and Mr. Lockhart of Lee. The party politics of the burgh, and 
 hostility to the family of Lee, had an influence at Lanark stronger than the 
 merits of any question at issue. There have been doubts in later times, 
 whether even then the right of patronage was decided, as it ought to 
 have been. It has been understood that the patronage of Lanark was not 
 the only one of which the family of Lee were in possession by the same 
 tenure. But the crown has never attempted another challenge, and will not 
 probably be forward to bring the decision given in the case of Lanark into 
 question, by another claim on the same grounds." 
 
 I Dugald Stewart, in his Life of Principal Robertson (p. 193), also bears 
 testimony to the " classical, argumentative, and commanding eloquence of Dr 
 Dick." His only published works are, 1). '• The Simplicity and Popularity 
 of the Divine Revelations, and their suitableness to the circumstances of 
 ^lankind : A Sermon, preached Nov. 8, 1757, at the opening of the Syno4 
 
180 ANNALS OF THE ASSEMBLY. [1750. 
 
 tion he would have been equal to all that superiority of 
 talents can achieve. In the situation which providence 
 assigned him, he was less fortunate than many of his in- 
 feriors ; and conscious that he was so, he exerted himself 
 less than he ought to have done. 
 
 " But he knew how to preserve his high-minded dignity 
 and independence, when he was most disappointed ; and 
 as a man of sterling worth and probity, who never could 
 bend his integrity to his interest, or seek by adulation or 
 sycophancy the advantages which were due to his talents, 
 he lived in the humble situation to which providence con- 
 fined him, cheerful and contented among his friends, happy 
 in his family, and universally respected and looked up to 
 by the whole community of Edinburgh, till death suddenly 
 and prematurely put an end to his honourable life, in 
 1782, at the age of sixty-one." 
 
 Reports of the proceedings of the Court of Session in 
 the Lanark case will be found in the Fol. Diet. IV. }>. 
 52 ; Morison, 9954 ; Select Decisions, p. 22 ; Elchies, 
 under " Patronage," No. 6. Its supposed bearings on the 
 Auchterarder case may be seen from the Report of that 
 case, in the speeches of Mr. Whigham (I. 84), the Dean 
 of Faculty Hope (I. 312), and Lord Gillies (II. 26,48), 
 for the Pursuers ; and of Mr. Bell (I. 110,119), Solici- 
 tor-General Rutherfurd (I. 403), Lords Fullerton (II. 
 248) and MoncrieflF (II. 452), for the Defenders. 
 
 We shall now give the rest of the Assembly business : — 
 
 A moti(m, that the Assembly should declare it improper 
 
 and indecent for any member of the Assembly to ajjpear 
 
 of Lothian and Tweeddale ;" and, 2). " The Counsel of Gamaliel consider- 
 ed : the Anniversary Sermon before the Society for Propagating Knowledge, 
 Jan. 4, 1762." He also had a share in drawing up the •' Report on the 
 State of Religion in the Highlands and Islands," presented to the Assembly 
 of 1761, he°and Dr. John Hyndman, of the West Kirk, having been ap- 
 pointed visitors by the Assembly 1760, and having taken along with them 
 as Gaelic interpreters, Mr. Duncan Macfarl.in of Drymen and Mr. Patrick 
 Simson of Clunie, in Perthshire. Dr. Dick was elected one of the ministers 
 of Edinburgh, on the 8th March, 1754, and was ultimately fixed in the 
 Trinity College Church. He received the degree of Doctor of Divinity from 
 the University of Edinburgh in 1756, along with Messrs. Wallace, George 
 Wishart, Kay, Macqueen. and Macknight. In 1769, he was proposed as 
 Moderator of the Assembly along with Dr. Macknight, then of Maybole, 
 but the latter carried it by 103 votes to 91. Dr, Dick died on the 24lh 
 Aug., 1782. 
 
1750.] CASES OF KENNOWAY AND TORPHICHEN. 181 
 
 at their bar, as ?i procurator in any cause, remitted to the 
 consideration of the committee for overtures. 
 
 A complaint of heritors and others of the parish of 
 Kennoway, against tlie Commission of last Assembly's 
 sentence, sustaining a call by others of that parish to Mr. 
 Neil Beton to be minister thereof, and another complaint 
 of the callers of Mr. Beton, against the Presbytery of 
 Kirkaldy for not proceeding to Mr. Beton's settlement, 
 heard ; and the Assembly found that a protest taken for 
 liberty to complain against the Commission's sentence, was 
 no sufficient reason to justify the Presbytery's disobedi- 
 ence to that sentence ; and the Presbytery of Kirkaldy 
 appointed with all convenient speed, to take the trials 
 and proceed to the settlement of Mr. Neil Beton, proba- 
 tioner, to be minister of the parish of Kennoway, so as his 
 ordination and admission shall be completed on or before 
 the 28th day of .September next ; and the Commission 
 empowered to judge and finally determine in any reference 
 or appeal that shall regularly be brought before them 
 from the said Presbytery or Synod of Fife relative to the 
 said settlement. 
 
 A reference from the Synod of Lothian and Tweeddale, 
 of a cause brought by appeal from a resolution of the 
 Presbytery of Linlithgow, delaying to appoint a day for 
 the ordination and admission of Mr. James Watson to be 
 minister of Torphichen, brought in ; and considering that 
 Mr. Watson had already passed the usual trials, and being 
 found qualified, and his edict served, and no objection 
 made to his life or doctrine,* the said Presbytery appointed 
 to meet at Torphichen on the second Thursday of Sep- 
 tember next, and then to ordain and admit him to be 
 minister of that parish. Mr. John Adams, minister at 
 Falkirk, is appointed to preach and preside at the said ordi- 
 nation, and in case he shall not be in condition to perform 
 that service, the next to him, to whom it falls in course, is 
 ordered and required to do it ; and it is recommended to 
 the several members of the Presbytery to attend upon 
 that occasion and give their concurrence, and the Modera- 
 tor is appointed to write letters to the patron and other 
 
 * The objections stated were, that " he could not be heard in the church, 
 and that they never could submit to his ministry, in regard he had accepted 
 of a presentation without the consent and concuri-ence of almost the whole 
 parish." — See the last and following year. 
 
182 ANNALS OF THE ASSEMBLY. [1730. 
 
 gentlemen, heritors, >vho concur with Mr. Watson's call, 
 recommending to them to be present to countenance and 
 support the Presbytery in the execution of this sentence, 
 and also to give all protection and encouragement to Mr. 
 Watson in the exercise of his ministry. 
 
 An appeal by the magistrates, town-council, heritors, 
 elders and heads of families of the town and parish of 
 Tain^ from a sentence of the Synod of Ross, affirming a 
 judgment of the Presbytery of Chanonry, refusing to 
 transport Mr. Alexander Fraser from Avoch to Tain is 
 heard, and the said Mr. Fraser continued in his charge at 
 Avoch. 
 
 Overtures about the Psalmody^ about licensing proba- 
 tioners, and about processes against probationers, are re- 
 transmitted. 
 
 An appeal of Alexander Ross of Pitcalnie and others, 
 callers of Mr. Gilbert Robertson, minister at Kincardine, 
 to be minister of the parish of Tarbat, from a sentence of 
 the Synod of Ross, sustaining a call by other heritors, and 
 others of the said parish of Tarbat, to Mr. George Bal- 
 four, probationer, to be their minister, referred to the 
 Commission. 
 
 The report of the committee upon the public money 
 brought in, and the sum of £100 Scots ordered to be 
 paid yearly to Archibald Go van, Clerk to the Procurator 
 for the Church, in full for his trouble in the Church's 
 affairs, in place of the casual emoluments which he has 
 been in use to receive at consulting of causes and giving 
 advices. 
 
 Order for payment of £9, 9s. sterling to Walter Miller, 
 Clerk to the Committee of the Synod of Perth, for his 
 trouble in the process against Mr. Gilbert Man, in respect 
 of the speciality of the case, wdiich makes it not liable to 
 be drawn into a precedent. 
 
 Tw^o several appeals, the one by the callers of Mr. 
 James Syme, and the other by the callers of Mr. John 
 Skirvan, probationers, for supplying the vacancy at Alloa, 
 both from a sentence of the Presbytery of Stirling, refus- 
 in"- to concur with either of the two calls, referred to the 
 
 o 
 
 Commission. 
 
 A reference from the Synod of Fife, of a cause brought 
 before them by two several appeals, the one by the patron 
 and heritors of the parish of Inverheithing^ callers of Mr- 
 
1750.] MISCELLANEOUS BUSINESS. 183 
 
 Andrew Richardson, minister of Broughton, who is pre- 
 sented to the said parish of Inverkeithing, against the 
 Presbytery of Dunfermline's sentence, refusing to sustain 
 that call ; and the other appeal by others of that parish, 
 callers of Mr. William Adam, minister of a dissenting 
 congregation at Paneswick in England, against the said 
 Presbytery for delaying to determine in the merits of that 
 call, brought in, with a complaint against the Committee 
 and Clerk of the Presbytery who moderated in the fore- 
 said calls : and the Assembly referred the whole cause to 
 the Commission — [See the years 1751 and 1752.] 
 
 Another reference from the said Synod of Fife, of an 
 appeal by Robert Laing of Lindores, patron, who pre- 
 sented Mr. Archibald Campbell to be minister of Ne%o- 
 burgh^ from a sentence of the Presbytery of Cupar, find- 
 ing from Mr. Laing' s presentation, and other papers pro- 
 duced, that there was no reason why they should not 
 proceed to settle the parish of Newburgh, tanquam jure 
 devolutOy referred to the Commission. 
 
 Reference to the Commission to cognosce and finally 
 determine in two appeals taken by heritors, and others of 
 the parish of Logie, from a sentence of the Synod of Fife, 
 appointing a new moderation of a call for supplying the 
 vacancy in the said parish. 
 
 It was moved to take into consideration an overture 
 from the Synod of Merse and Teviotdale, for applying to 
 Parliament to get the laws o^ patronages so explained as 
 to prevent unqualified patrons from substituting others to 
 present pro hac vice.* The Assembly, considering the 
 importance of the case, and the shortness of their time, 
 being then near a conclusion, so that they could not con- 
 sider it with due deliberation, remitted to their Commis- 
 sion to prepare an overture on this subject to be laid be- 
 fore next Assembly. 
 
 A congratulatory address to the King, on the Princess 
 of Wales's delivery of a prince, was drawn up, agreed to, 
 and signed May 21 ; the joyful news having arrived the 
 day before. 
 
 The Assembly was concluded as usual, by a speech by 
 the Moderator, another by the Commissioner, prayer, and 
 singing. His Grace's speech was as follows : — 
 
 • This proposal took its rise from the Dunse Case, of the final disposal 
 of which by this Assembly, aa account has been already given — See p. 162. 
 
 q2 
 
184 ANNALS OF THE ASSEMBLY. [1750. 
 
 Right Reverend and Right Honourable, — The business 
 of this Assembly is now over. Your moderation and 
 unanimity in private causes, will, I am persuaded, give 
 universal satisfaction ; and the authority of the chair has 
 been maintained with dignity, and at the same time with 
 great indulgence. But there is one point with regard to 
 which I cannot be altogether silent; and what will be 
 the consequence of your decision in that affair, time alone, 
 which lays open every event, will soon discover. If by 
 aiming at too much you should lose all ; — if by refusing 
 to listen to the reasonable proposals of your true friends, 
 they have it no longer in their power to give you that 
 countenance and assistance which they sincerely meant ; — 
 if by forsaking the proper plan proposed for obtaining re- 
 lief to your distressed brethren, they should still continue 
 under pressing difficulties and hardships ; and (which is of 
 the highest importance) if unhappily the honour and credit 
 of this Church should anyhow be sullied, or her peace 
 and tranquillity disturbed, allow me to say, that as this 
 must afford matter of real concern to many of the well- 
 wishers of the Church, so doubtless they will lay the 
 blame on those who at present imagine they have had the 
 greatest merit in bringing about this measure. In such a 
 disagreeable event, nothing could allay the pain which I 
 must feel, but the reflection that I had not been wanting 
 in my duty to warn you of the approaching danger ; and 
 you must then allow, that / icas not your enemy ^ because 
 I told you the truth. 
 
 Right Reverend, and Right Honourable, — We are now 
 to part. I shall give you no further trouble, but to declare, 
 from a heart full of affection for the Church of Scotland, 
 that nothing shall give me greater joy, than to see my 
 fears disappointed; and that nothing shall ever hinder me 
 from employing my best endeavours for her real interest. 
 I sincerely wish, that peace may remain ivithin her tualls, 
 and prosjierity in all her palaces : and wherein I can in 
 any measure contribute to promote the honour, welfare, 
 and advantage of this Church, and every minister in it, 
 notwithstanding all that has happened, you shall always 
 find me ready. 
 
 As you have now dispatched all the business you could 
 overtake, and referred the rest to your Commission, it is 
 high time I dissolve this Assembly. I do therefore, in 
 
1730.] CASES OF METHVEN AND ALLOA. 185 
 
 his Majesty's name, and by his authority, dissolve this 
 Assembly ; and I do, by liis authority, ordain the next 
 meeting- of Assembly to be on the 9th day of May next, 
 1751. 
 
 COMMISSION MEETING IN NOVEMBER. 
 
 The Commission met on the 14th of November, and 
 appointed a committee of their own number, three of whom 
 to be a quorum, to admit Mr. James Oswald, minister at 
 Dunnet, to the ministry at Methven, on the 12th of Dec* 
 or, if hindered by the rigour of the season, on any other 
 day the committee shall appoint before the Commission's 
 Meeting in March next; and nominated Mr. Alexander 
 Maclagan, Moderator, or, failing him, Mr. Robert Men- 
 zies at Comrie, to preach and preside at the admission. — 
 As the Presbytery of Perth had been ordained by the last 
 Assembly to admit Mr. Oswald on or before the 10th of 
 July, the Commission issued a warrant for summoning 
 them to appear at their bar, to answer for their disobedi- 
 ence. 
 
 Next day they likewise appointed a committee of their 
 number to concur with the Presbytery of Stirling, in or- 
 daining Mr. James Syme, probationer, to the ministry at 
 Alloa, on the 21st inst. without executing any new edict ;\ 
 and nominated Mr. Alexander Gordon, minister at Kin- 
 tore, to preach and preside at the ordination. 
 
 * Mr. (afterwards Dr.) Oswald was accordingly admitted on that day 
 without disturbance — He was the author of *^ An Appeal to Common 
 Sense, in behalf of Religion (1766—1772), in reply to Hume," — his philo- 
 sophical principles being akin to those of Reid and Beattie. He was Mod- 
 erator of the Assembly in 1765, and the sermon he preached at the opening 
 of the Assembly 1766 was piinted along with "Letters on some points of 
 importance contained in the sermon." Another sermon of his on •' the Divine 
 Efficacy of the Gospel Dispensation," was preached before the Society for 
 Propagating Christian Knowledge, in 1770. He also published in 1774 
 " Six Sermons on the General Judgment." 
 
 f On the I6th Sept. when Mr. Syme's edict should have been served bv 
 Mr. Warden of Gargunnock, there was a commotion of the populace which 
 prevented it. His settlement had been fixed for the 23th of that month, but 
 " the colliers of that and two or three adjacent parishes, assembled riotously 
 to prevent it, rung the church-bell from morning to night, and in the after- 
 noon displayed a flag from the steeple in token of victory, none oflFering to 
 oppose them." To obviate the recurrence of this, four companies of soldiers^ 
 
 Q 3 
 
186 ANNALS OF THE ASSEMBLY. [175L 
 
 1751. 
 COMMISSION MEETING IN MARCH. 
 
 The Quarterly Session of the Commission of the Ge- 
 neral Assembly was held on the 13th March. In obedi- 
 ence to the order of the Commission in November, the 
 ministers of the Presbytery of Perth appeared at the bar, 
 and were rebuked for disobeying the sentence of last As- 
 sembly, appointing them to admit Mr. Oswald as minister 
 at Methven. As none of the elders of that Presbytery 
 appeared, they were appointed to be summoned to the 
 next Assembly. 
 
 The Presbytery of Haddington laid before them the 
 interlocutor of the Court of Session, in the case of Humhie 
 
 were stationed in the town some time before the day of ordination, but he 
 was settled without any disturbance. 
 
 " On the 7th Jan. 1751, James Sharp, shoemaker, William Sharp, his son, 
 John and William Clerks, weavers, William Paterson, coal-hewer, common- 
 ly called Braes, James Anderson, baxter, and Jean Nicol, spouse to David 
 Harrower, maltman, all in the parish of Alloa, were tried before the Justici- 
 ary Court, for having, on Sunday, the 16th of September, assaulted Alex- 
 ander and George Abercrombies, of Tillibody, Esqs. and forcibly obstructed 
 IVIr. Warden, minister at Gargunnock, from preaching at Alloa, and serving 
 the edict previous to the ordination of IMr. James Syme, as minister there ; 
 with other riotous proceedings. The jury returned their verdict on the 8th, 
 finding them guilty, art and part, of the crimes libelled. The Lords pro- 
 nounced sentence on the 11th : by which, William Sharp, William Paterson, 
 and John and William Clerks, were banished to the plantations for seven 
 years, to be computed from the time of their landing ; with certification, 
 that such of them as should return to Scotland within the time limited, should 
 toties quoties, be whipped through Edinburgh, and re-transported for other 
 seven years: James Sharp was banished Scotland for seven years, from and 
 after the 30th of January, and in case of his returning, to be toties quoties 
 whipped through Edinburgh, and banished other seven years: James An- 
 derson was fined in 200 merks Scots to the private pursuers, and ordained 
 to be kept prisoner in Edinburgh tolbooth, till the 15th of May next : and 
 Jean Nicol was ordained to pass through Edinburgh on the 29th of January, 
 her hands tied behind her back with a rope, the hangman walking immedi- 
 ly behind her, and holding the end of this rope in one hand, and his whip in 
 the other, and then to be confined to the Edinburgh correction-house, at hard 
 labour, till the 15th of May next. This took place accordingly on the 29th." 
 
 Mr. Syme succeeded Mr. James Gordon, (who died on the 6th August, 
 1749,) but he did not occupy the charge more than two years, having died 
 on the 29th January, 1753. He married a sister of Principal Robertson, (a 
 woman of a very superior mind,) — and their only daughter, Eleanora, became 
 the mother of one of the most remarkable men of the present day — having 
 married, on the 25th May, 1773, Henry Brougham, Esq. younger, of Broug- 
 ham-Hall — the father of Lord Brougham, who was born in Edinburgh in 
 1779. 
 
1751.] CASE OF HUMBIE. 187 
 
 parish,* and represented, That it might bring about a con- 
 siderable alteration in the constitution of the Established 
 Church, and be attended with many hurtful consequences 
 both to the poor and the Kirk-session ; and that Mr. John 
 Cuming, minister of Humbie, had received a letter, signed 
 by four heritors of the parish, demanding the records of 
 the Kirk-session from the time of his admission to that 
 charge, in 1715, to be put into the hands of one or other of 
 them. On this the Commission unanimously gave it as their 
 judgment. That the heritors have no right to demand the 
 records out of the hands of the session-clerk, and that the 
 session-clerk should not deliver them ; but that he should 
 allow the heritors inspection of them in his own custody, 
 or extracts, if required, upon their charges. A memorial 
 was likewise produced from Mr. William Macculloch, 
 minister at Cambuslang, and his Kirk-session, in relation 
 to a process of the same nature commenced by one of the 
 heritors of that parish against them. The Commission 
 appointed a committee to consider both cases, and to re- 
 
 * A process of declarator, with respect to the management of the poor's 
 funds, was brought before the Court of Session, by the heritors of the parish 
 of Htimbie, against the kirk-session ; and the Lord Shewalton, Ordmary, 
 on advising the debate, pronounced the following interlocutor, June 23, 1749, 
 " Finds the pursuers have right to call for and take inspecUon of the books 
 of the defenders the kirk-session, with respect to their administration of the 
 funds belonging to the poor; and, upon any mismanagement therein, to in- 
 sist for redr°ess°thereof, as accords of the law ; and decerns and declares ac- 
 cordingly : but finds they have no joint right with the kirk-session in the 
 application and distribution of the funds."— Both parties acquiesced m the 
 first part of this interlocutor ; but the heritors reclaimed against the last part 
 of it, which finds that thev have no joint right with the kirk-session in the 
 application and distribution of the funds. Answers having been nnade by 
 the kirk-session, parties were heard in presence, and informations given in, 
 by appointment; and then the Lords gave judgment, Feb. 15, 1751, viz.— 
 " Find, That the heritors have a joint right and power with the kirk-session 
 in the administration, management and distribution of all and every of the 
 funds belonging to the poor of the parish, as well collections as sums morti- 
 fied for the'use of the poor, and money stocked out upon interest; and have 
 right to be present, and join with the session in their administration, distri- 
 bution, and employing such sums; without prejudice to the kirk-scssion to 
 proceed in their ordinary acts of administration, and application of their col- 
 lections, to their ordinary or incidental charities, though the heritors be not 
 present nor attend. But, for the better preventing the misapplication or 
 embezzlement of the funds belonging to the poor, they find. That when any 
 acts of extraordinary administration, such as, uplifting of money that bath 
 been lent out, or lending or re-employing the same, shall occur, that the 
 minister ought to intimate from the pulpit a meeting for taking such matters 
 under consideration, at least ten days before holding of the meeting, that the 
 heritors may have opportunity to 'be present, and assist, if they think fit : 
 And decern and declare accordingly." 
 
 f 
 
 t 
 
 r^ 
 
188 ANNALS OF THE ASSEMBLY. [1751. 
 
 port their opinion to the Commission in May, or to the 
 Assembly, if they see cause. 
 
 A committee to whom it had been referred to consider 
 of what was remitted to the Commission by last Assembly, 
 in relation to unqualified patrons, brought in an overture, 
 which was read, and unanimously approved of, importing, 
 ** That many dangers may arise to the interest of religion 
 and our happy constitution, by unqualified patrons dis- 
 poning their right of patronage for a single vice, or during 
 the life of the disponer only, to persons in whom they can 
 confide, and who will present none but such as are recom- 
 mended by the nonjuring patron ; — that by this practice 
 an opportunity may be given of manifest collusion, to the 
 encouraging of persons disaffected to his Majesty's person 
 and government and our happy constitution, and to the 
 disturbance of the peace of the Church and the quiet of 
 the nation ; and that, therefore, humble application should 
 be made by the General Assembly to the Legislature, that 
 an effectual remedy may be applied for preventing such 
 evils." 
 
 On the 14th, it was resolved, that a meeting extraor- 
 dinary of the Commission should be held at Edinburgh, 
 on the 3d April ; and that the Assembly's Commissioners* 
 at London should be madeacquainted withit,and desired to 
 advert, if, in any bill to be brought into Parliament, any 
 clause should be proposed to be inserted that might affect 
 the constitution of the Church of Scotland, and immedi- 
 ately to acquaint the Moderator with it, that he might call 
 a meeting of the Commission jwo re nata if there should 
 be occasion. 
 
 EXTRAORDINARY COMMISSION-MEETING IN APRIL. 
 
 The Commission having met according to appoint- 
 ment (April 3), a letter from Mr. Robert Paton, one of the 
 Commissioners aforesaid, was produced, with an order of 
 the Privy Council, of date March 22, requiring, in pursu- 
 ance of an Act, 10° AnncB, in which provision is made for 
 
 * Messrs. Paton, Cuming, and Steel, who had gone to London to prose- 
 cute the Augmentation-Scheme in the beginning of November. The giouod 
 of apprehension was lest in the proposed Act of Parliament a clause might be 
 introduced to enforce more strictly the law of patronage, as a kind of com- 
 pensation to the landed interest for raising the stipends of the clergy. 
 
1751.] PROCEEDINGS OF THE COMMISSIONERS. 189 
 
 praying for the Royal Family in Scotland, " That hence- 
 forth every minister and preacher shall, in his respective 
 church, congregation, or assembly, pray in express words 
 for His Most Sacred Majesty King George, th^ir JRoyal 
 Highnesses the Princess of Wales, the Duke, the Princesses, 
 the issue of the Prince and Princess of Wales, ajid all the 
 Boyal Familyr This order was put into Mr. Paton's 
 hand, with a particular mandate directed to him, to com- 
 municate it in such a manner as that due obedience might 
 be paid to it. The Commission appointed a copy of the 
 order to be sent to each Presbytery, and recommended 
 the observance of it. 
 
 In this letter Mr. Paton, in answer to one written by 
 the Moderator, acquaints the Commission, in name of hmi- 
 self and the other Commissioners at London, that they 
 knew nothing yet of any clause designed to affect the con- 
 stitution of the Church ;— that they had been and should 
 be Avatchful of her interests ; and that if any thing should 
 cast up which required the Commission's attention, notice 
 should be given of it speedily. Motions were made for 
 both general and particular instructions to be given the 
 Commissioners. In the latter, mention was made of guard- 
 ing against any clause by which the law of patronages may 
 be extended, or more strictly enforced. But upon a vote, 
 it carried for general instructions only, viz., " The Com- 
 mission authorise and appoint the Commissioners, That in 
 case, in any bill to be brought into Parliament, there be 
 any clause proposed to be inserted that may be prejudicial 
 to the interest or peace of this Church, they do humbly 
 petition either or both Houses of Parliament, to be heard 
 by counsel, in name of the Church, against the passing of 
 such clause." A copy of which was appointed to be trans- 
 mitted to them. 
 
 Several members represented, that a report was current, 
 that circular letters had been written, tending to alarm 
 the minds of brethren with apprehensions of danger to 
 the Church ; and that papers had been sent about, to be 
 signed by ministers, containing a commission to an agent 
 at London to employ counsel to appear for them. After 
 reasoning, it was proposed to resolve. That all the mem- 
 bers who had spoken declared their dissatisfaction with 
 such irregular practices ; but that the Commission did not 
 think fit to insist further in the matter. Others moved 
 
190 ANNALS OF THE ASSEMBLY. [1751. 
 
 to drop the affair altogether : but upon a previous vote, 
 the resolution was agreed to. 
 
 An address of condolence by the Commission, on the 
 death of the Prince,* was transmitted to London, to be 
 presented to his Majesty by the Assembly's Commission- 
 ers. 
 
 ASSEMBLY, 1751. 
 
 The General Assembly met on the 9th of May. As 
 Messrs. Paton and Cuming, the Moderators of the two last 
 Assemblies, were at London, the sermon was preached by 
 Mr. George Wishart, who had the chair in the Assembly 
 1748. The Earl of Leven was High Commissioner. — 
 Mr. VYishart being Principal Clerk, the first meeting was 
 opened with prayer by Professor Lumisden of Aberdeen, 
 who had been Moderator of the Assembly in 1746. — 
 Dr. William Wishart, Principal of the College of Edin- 
 burgh, and Mr James Mackie, minister at St Ninian's, 
 were put upon the leet for moderator: it carried for the 
 latter, 76 to 62 ; and there were 2 who voted non liquet. 
 This was looked upon as a trial of strength, and went in 
 favour of the augmentation- scheme. 
 
 On the 13th, Professor Gowdie, to whom the letters 
 of correspondence were appointed to be directed, laid 
 before them a letter from the preceding Assembly's Com- 
 missioners at London, which was read, the tenor whereof 
 follows : — 
 
 Rev. Sir, — That you may have a clear and full view 
 of the whole of our proceedings here, we have judged it 
 proper to give you the following account. 
 
 After being at all pains to be sufficiently instructed in 
 the nature of the business committed to us, and which we 
 reckoned ourselves indispensably obliged to prosecute, 
 three of us set out for London, where we arrived upon 
 the 17th of November last ; judging it necessary to be here 
 so early, that we might have time to remove, if possible 
 the prt^ju dices which had been raised against us ; and 
 have more leisure and opportunity, to give a fair repre- 
 
 * Frederick, Prince of Wales, son of George II., and father of George III. 
 He died on the 20th March. 
 
1751.] LETTER FROM THE COMMISSIONERS. 191 
 
 sentation of the instructions given us, by conference with 
 those principally concerned in the administration, before 
 the meeting of Parliament, when probably we could not have 
 such easy access to them. Accordingly, at different times 
 we waited upon the ministers of state, and other persons 
 of the highest rank and influence ; had a fair hearing from 
 them, and opportunity to obviate, in the best manner we 
 could, the objections which had been moved against us. 
 We Mere received by them with great civility, and with 
 expressions of high regard to the Church of Scotland, for 
 our distinguished loyality and usefulness ; but had no defi- 
 nitive answer from them, further than that they would 
 have the matter under their consideration, and hear what 
 might be represented upon the other side by the members 
 of Parliament from our own country. 
 
 After the meeting of Parhament, we waited upon many 
 members of it in both houses, from North as well as South 
 Britain, who were reckoned to have the greatest influence; 
 and endeavoured, in the best manner we could, to recon- 
 cile their minds to the views of the General Assembly ; 
 particularly with respect to the raising of the minimum. 
 
 As soon as we received our records, and other papers 
 necessary to state and support our cause, we gave in to the 
 ministers of State a wiitten memorial of the several articles 
 given us in charge by the (.General Assembly : and, some 
 time after we printed that memorial, with additions, under 
 the title of, A just view of the proceedings of the General 
 Assembly^ 8^c. copies of both which we transmitted to the 
 committee of correspondence ; wherein we particularly 
 insisted upon the reasonableness and necessity of raising 
 the minimum. 
 
 When it was thought proper, we had the honour of 
 being presented to his Majesty, and the Royal family ; 
 and were graciously received. 
 
 We omitted no opportunity of promoting our cause as 
 far as we were capable : but, after all our diligence, we 
 were assured by those chiefly concerned in the administra- 
 tion, that in the present circumstances we could have no 
 hope of getting the minimum raised ; and that the men- 
 tioning of it in our petition, would destroy the whole of it. 
 
 In this situation we found ourselves obliged, thougli 
 with the greatest reluctancy, to drop what we were con- 
 vinced was by far the most important part of our commis- 
 
 I 
 
192 ANNALS OF THE ASSEMBLY. [1751. 
 
 sion, and which could giv^e the most efiFectual relief, and 
 which we knew the General Assembly had had most at 
 heart ; and to submit, that our petition, under the direction 
 of the Lord Advocate for Scotland, would be framed and 
 presented by him, with the consent of the Earl of Morton, 
 and of Mr. Hope, only with relation to the other articles 
 contained in the instructions given us by the General 
 Assembly. And to this resolution, of framing and offer- 
 ing our petition upon these articles only, we were moved 
 by these reasons. 1. Because we were expressly instructed 
 by the General Assembly to apply to Parliament for re- 
 lief in these articles. Two of them particularly had been 
 pointed out, and recommended to the Assembly 1730, by 
 the committee which had been appointed by the preceding 
 Assembly. And though we were sensible it was the mind 
 of the Assembly 1750, that we should urge the raising of 
 the minimum ; yet the instruction relating to it was so 
 worded in our commission, as to give a handle to the op- 
 position, and to others also, to say, that we were positively 
 appointed to insist upon the other articles only. 2. Be- 
 cause we had just reason to expect the concurrence of the 
 ministry, and to render our application for these other ar- 
 ticles effectual ; and had strong assurances from such who 
 had formerly opposed us, that they would use their best 
 offices to render our application successful. 3. Because we 
 judged it better, to obtain something, though of lesser con- 
 sequence, than to lose all. And in this view we were 
 greatly encouraged by some of the best friends of the 
 government, and of our present happy constitution, who 
 all along showed a disposition to favour us so far as cir- 
 cumstances would allow. 
 
 It had been agreed, for the sake of harmony and peace, 
 that our petition should lie upon the table, until an answer 
 should come from the committee of Mid-Lothian, how far 
 they would acquiesce to our obtaining a bill upon it. A 
 favourable answer was then expected ; but we were dis- 
 appointed in the event. We then urged the moving of 
 our petition in Parhament : but our friends, in hopes of 
 that committee's coming into more pacific measures, still 
 urged a delay ; to which, for the sake of peace, we agreed. 
 The mournful event of the unexpected death of the Prince 
 of Wales for some time retarded business : but when we 
 were assured at length, that there were no hopes of ac- 
 
1751.] LETTER FROM THE COMMISSIONERS. 193 
 
 commodating the matter with tlie Mid-Lothian committee, 
 but by dropping our petition entirely, we thought it our 
 duty still to insist upon it ; because, when our petition 
 was laid upon the table, it was understood to be with a 
 view to have it taken up, whatever answer should be sent 
 from the committee of Mid- Lothian ; and because there 
 was not the least colour or foundation, from any of the 
 public resolutions of the counties of Scotland, to oppose 
 us in those aiticles to which the Assembly had agreed 
 without a vote. 
 
 When our petition was moved in the House of Com- 
 mons, a committee was appointed to inquire into the alle- 
 gations of it, and to report the same to the House. At the 
 same time, a petition from the members of the committee 
 of Mid-Lothian, in opposition to ours, was offered to the 
 House, and referred to the same committee. 
 
 We have finished our evidence in two diets of that 
 committee. The opposition have taken up two diets 
 more in oflFering evidence to invalidate the allegations of 
 our petition ; and the committee is adjourned to Tuesday 
 next ; when the opposition are to proceed in laying what 
 further evidence they have to offer, before the committee. 
 And we can plainly perceive, their design is, to protract 
 the time, in such a manner, as that our affair shall not be 
 brought to any issue before this session of Parliament is 
 ended, where we have good reason to hope our petition 
 would be granted. And here we must beg leave further 
 to inform you, that not only many members of Parliament, 
 but all impartial persons whatsoever, are not a little sur- 
 prised, that such a keen opposition should be made to 
 these articles, which cannot in the least hurt the landed 
 interest, though they may be of benefit to us ; and that 
 they cannot ascribe this to any other motive or principle, 
 than to give an absolute discouragement to any future ap- 
 plication to Parliament from the Church of Scotland upon 
 any occasion which is to exclude us from the privilege of 
 British subjects. 
 
 We have only to add further, that as soon as we were 
 informed of some surmises spread here, as well as with 
 you, that occasion would be taken from our petition, to 
 make some attempt in Parliament, for binding the law of 
 patronages more strictly upon the Church of Scotland, we 
 applied the greatest diligence to see what ground there 
 
194 ANNALS OF THE ASSEMBLY. [1731. 
 
 might be for such a report, and if there was any such de^ 
 sign, to prevent it, even before we had any particular in- 
 struction for it from the late Commission of the General 
 Assembly : and, as we wrote formerly we have good rea- 
 son still to believe, that no such design is formed by those 
 chiefly concerned in the administration. But if contrary 
 to our expectation, any such attempt should be made, we 
 shall still continue faithful and diligent to do every thing 
 in our power to prevent it. 
 
 And with great regard we are, 
 
 Rev. and dear Sir, 
 Your very affectionate humble servants, 
 
 Rob. Patoun. 
 
 Patrick Cuming. 
 
 William Steele. 
 
 Dav.Dalrymple. 
 
 London, Panton Sqitare, May 4, 1751. 
 
 This letter was referred to the following committee, 
 whose report was to be received next morning, viz. The 
 Moderator, Principals Campbell, (of Glasgow,) Wishart, 
 and Tullideph, Professor Lumisden, ^Messrs. James Ogilvy 
 at Aberdeen, John Adams at Falkirk, George Lindsay at 
 North-Leith, James Nasrayth at Dalmeny, James Robe 
 at Kilsyth, James Howie at Newhills, John Hunter at Ayr, 
 William Steel at Dalserf, John Smith at Kincardine, 
 Adam Ferguson at Pvloulin, Robert Robertson at Kirk- 
 michael, David Duncan at Stow, and Robert Wight at 
 Dumfries, ministers, and the Lords President, Justice- 
 Clerk, and Drummore, the Master of Rosse, Baron Maule, 
 Mr. Gilbert Elliot of Lochgalley, Mr. Andrew Pringle, 
 Advocate, the Lord Provost of Edinburgh, Mr. James 
 Balfour of Pilrig, Mr. John Stewart, younger, of Allin- 
 bank, and Commissioner Colin Campbell, ruling elders ; 
 seven of whom to be a quorum, and of these four to be 
 ministers, and three to be ruling elders. 
 
 Next morning this committee represented, that they 
 had met according to appointment, but could not agree in 
 any report. The Assembly therefore took the letter un- 
 der consideration themselves ; and, after long reasoning, 
 agreed without a vote, on the draught of the following 
 letter to be sent to the Commissioners, to be written by 
 the Moderator ; and the four Commissioners, any one or 
 
1751.] LETTER TO THE COMMISSIONERS. 195 
 
 more of them, were empowered and instructed to act as 
 it directs : — 
 
 Reverend and Honourable, — Your letter, of date the 
 4th of May, directed to the Rev. Professor John Gowdie, 
 was by him, according to your desire, communicated to, 
 and has been considered by this A ssembly. And since 
 it appears by it that you were reduced to the necessity to 
 drop that point relating to enlarging the minimum men- 
 tioned in the Act of Parliament 1633, the General As- 
 sembly does now instruct you to carry on the petition 
 which you have presented to the honourable House of 
 Commons, and to bring the same to as comfortable an 
 issue as you can. And at the same time the Assembly 
 does further instruct you, to use your utmost endeavours 
 to prevent the adding any clause to a bill which may be 
 brought in upon the said petition, or to any other bill, 
 which may be detrimental to the interests and concerns 
 of this Church, and particularly any clause which may ex- 
 tend or further enforce the law of patronages^ and to em- 
 ploy counsel to be heard against any such clause, and to 
 apply to Parliament for that effect, as you shall be advised, 
 or think proper." 
 
 At the desire of Mr Robert Dundas, younger of Amis- 
 ton, the clerks were authorised to give out extracts of the 
 letter from the Commissioners ; and that gentleman sent 
 one of them per express to London, to the agents for the 
 opposition. On the 15th, a committee was appointed to 
 correspond with the Commissioners, consisting of twenty- 
 five ministers and eight ruling elders, and of such mem- 
 bers of the preceding correspondence-committee as were 
 members of this Assembly. The instructions, &c- of this 
 committee, are the same with those given to the former ; 
 and the letters of correspondence are appointed to be ad- 
 dressed to Mr John Jardine, J one of the ministers of Edin- 
 burgh, Professor Gowdie not being a member of this As- 
 sembly. On the same day, there was produced, a letter 
 
 * He was one of the ministers of the Tron Church. Mr. Henry Mac- 
 kenzie, in his " Life of John Home," speaks of him as ♦' a man of infinite 
 pleasantry as well as great talents," — whose " playful vivacity often amused 
 itself in a sort of mock contest with the infantile simplicity of David Hume." 
 Dr. Jardine's death was awfully sudden. On the 30th May, 1766, hayinir 
 heen in the Assembly-House to hear the debates on the famous Schism- 
 Overture (though not a member), and being to appearance in his ordinary 
 health, he dropt down, never spoke, and was carried home dead. 
 r2 
 
196 ANNALS OF THE ASSEMBLY. [1751. 
 
 from Mr. William Steele, minister at Sorn, one of the 
 Commissioners aforesaid, to Professor Govvdie, dated at 
 London, May 7, representing that the declining state of 
 his health, and the affliction of his family at home, had 
 determined him to go to Scotland sooner than he intended ; 
 and therefore hoping that his going away would not be 
 taken amiss or misconstrued, — which apology the Assem- 
 bly sustained.* 
 
 [The history and fate of the Augmentation- Scheme in 
 Parliament may be given very shortly. The petition of 
 the Churcli's Commissioners was presented to the Com- 
 mons on the 7th March by the Lord Advocate, (William 
 Grant, formerly Procurator of the Church, afterwards 
 Lord Prestongrange) ; and on his motion, seconded by 
 the Hon. Charles Hope- Weir, it was ordered to lie on the 
 table. On the 22d iVpril, it was moved by Colonel Hal- 
 dane that the petition be read ; and a committee was ap- 
 pointed to examine the matter of it and to report. Then 
 a petition of James, Earl of Morton, James, Earl of Lau- 
 derdale, .John, Earl of Hopeton, Charles Hope-Weir, 
 Robert Du7idas, and Archibald Murray, Esqrs. (the Mid- 
 Lothian Committee) on behalf of themselves and great 
 numbers of other noblemen, gentlemen, freeholders and 
 heritors in Scotland, was presented, praying to be heard 
 against said petition ; and this was referred to the same 
 committee. Evidence was led by both parties before the 
 committee, whose Report with an Appendix, was given 
 in by Colonel Haldane on the 24th May, and ordered to 
 be printed. On the 3d June, a motion was made that the 
 House would, upon tiie 3th, resolve itself into a committee 
 of the whole House, to consider the Report ; but it passed 
 in the negative, and the Report was thereupon committed 
 for that day two months — in other words, the whole 
 scheme fell to the ground. f] 
 
 * Jlr. Steel seems to have returned to London not long after; and, though 
 now an old man (see p. J 19), became minister at Founders-Hall. He died 
 on the 16th April, 1752. 
 
 f Each pirty had circulated among the members of the House of Com- 
 mons a case founded on the evidence they had respectively adduced. But, 
 besides this, on the day previous to that on which the measure was lost, the 
 following document was distributed hy aji unknown hand, and had probably 
 no small influence in prejudicing the House against the whole scheme : — 
 
 " Reasons for enforcing the law relating to patronages in Scotland. 
 
 " By the Act made in Scotland in 1690, the presenting ministers in Scot- 
 
1751.] THE AUGMENTATION-SCHEME DEFEATED. 197 
 
 An order of conncil was produced, in the same terms 
 and transmitted after the same manner with the order 
 sent the Commission in March, requiring the new altera- 
 tion in the prat/ers for the Royal family to be made by the 
 ministers and preachers of the Church of Scotland. To 
 which order the Assembly recommended all due obedience 
 to be paid. 
 
 A member of Assembly who was an advocate, having 
 appeared as a procurator in a cause before them, a com- 
 mittee was appointed to consider how far such a practice 
 was proper. — On report of whom. May 15) the Assembly 
 came to the following resolution: — "The General As- 
 sembly, considering, that they have a title to the assist- 
 ance of all their members as judges, in all causes brought 
 before them, they being expressly commissioned by their 
 constituents to consulty vote, and determine in all matters 
 that shall come before the Assembly ; as also that those 
 who are appointed members of the Commission of the 
 General Assembly are obhged, by that appointment, to 
 concur in cognoscing and determining in every matter re- 
 ferred to them : do therefore resolve, That, in time com- 
 ing, none who are constituent members of the court shall 
 act as counsel or procurators in any causes which come 
 before the Assemblies, or Commissions thereof. But 
 that no parties may sustain any disadvantage who have 
 
 land vras taken from the patrons, and given to the heritors and elders, sub- 
 ject to be cognosced on by the Presbytery of the bounds, — at whose judgment, 
 and by whose determination, the calling and entering of every particular 
 minister were to be ordered and concluded. 
 
 «' By the Act 10° Annas, cap. 12. it is declared, That this way of caliiog 
 ministers had proved inconvenient, and had caused great hejts and divisious 
 among the heritors and elders thereby authorised to call ministers. And, 
 therefore, the said Act of 1690, as to this point, was thereby repealed, and 
 the right of presentation was thereby restored to the patrons. 
 
 "It appears, however, that the Presbyteries of Scotland pay very little or 
 no regard to this law ; and that, in direct disobedience to it, they frequently 
 refuse to enter the patron's presentee ; and, for the most part, moderate the 
 call of another person named to them by the christian people, as they are 
 called, the heritors, or the elders. 
 
 " It is therefore submitted, that as great part of the persons who now ap- 
 ply to Parliament for relief, with respect to their stipends, became entitled 
 to them in breach and opposition to a law made by the Parliament of Great 
 Britain, that, in case the wisdom of Parliament shall incline to indulge the 
 clergy with any alteration of the law as to these matters, they will at the 
 same time make eflfectual provisions for enforcing a due obedience to the Act 
 of the 10th of Queen Anne, in such manner, as that it shall not for the 
 future be in the power of the Presbyteries in Scotland to elude the same, iu 
 the manner they have hitherto done." 
 
 R 3 
 
198 ANNALS OF THE ASSEMBLY. [1751. 
 
 already committed causes which are to be brought before 
 this Assembly, to lawyers who are members ; allowance 
 is hereby given to such members to execute what they 
 have already undertaken." 
 
 Case of Torphichen. — Notwithstanding the injunctions 
 of the two preceding Assemblies, (see pp. 136, 181) the 
 Presbytery of Linlithgow had still refused to settle Mr Wat- 
 son at Torphichen. Though the deliverance of the Assem- 
 bly, 1750, had been laid before them on the 30th May, they 
 delayed the consideration of it till the 22d August. " Then 
 (we quote from the Presbytery minute, as given in the 
 Appendix to the Commons' Report on Patronage, p. 45), 
 the Presbytery having maturely considered the act and 
 appointment of the General Assembly, appointing the 
 ordination of Mr. James Watson to be upon the second 
 Thursday of September next, and after reasoning on the 
 affair at great length, agreed that the Moderator should 
 ask at every minister present, whether they resolved to 
 be at Torphichen in terms of the Act of Assembly or not, 
 and the Moderator having accordingly put the said ques- 
 tion to each of the brethren, — Messrs. Andrew Gloag, 
 William Hasty, Robert Hunter, Robert Boyd, Alexander 
 Wardrob and Thomas Wardrob, declared that they ivere 
 not resolved to be there. Messrs. John Lookup, James 
 Nasmith, Patrick Bennet, George Ellis and Henry Lun- 
 die declared that they were willing to go to Torphichen 
 in terms of the aforesaid Act of Assembly. Mr. John 
 Wilkie declared that he had a great regard to the sentences 
 of Assembly, and so far as he may have clearness, would 
 regard this sentence of Assembly, and Mr. Charles Wilkie 
 answered, that he did not think himself obliged to answer 
 that question. Then Mr John Adams being asked if he 
 w^as willing to go to Torphichen and preside at the ordi- 
 nation, according to the said Act of Assembly, answered, 
 it appeared from the tenor of the sentence of Assembly, 
 that the particular appointment on him proceeded upon 
 misinformation, as if it had been his course according to 
 the custom of this Presbytery to preside at the ordination 
 of Mr. James Watson, which being a mistake in fact, as 
 appeared from the Presbytery minutes, he did not think 
 the case so favourable as to grasp at it out of his place. — 
 Whereupon the said Hugh Graham (writer in Edinburgh, 
 
1751.] CASE OF TORPHICHEN. 199 
 
 agent for Lord Torpliichen the patron) represented, that 
 notwithstanding the present resolution of the brethren, he 
 hoped that those who were now against proceeding, would 
 change their minds and obtemperate the appointment of 
 Assembly; but in case the said Mr. John Adams and the 
 Presbytery shall fail to execute the sentence of Assembly, 
 he in that event, did in the name of the said Lord Tor- 
 pliichen and the callers of Mr. James Watson, protest and 
 appeal to the next Synod of Lothian and Tweeddale, and 
 thereupon took instruments." 
 
 The Synod referred the case to this Assembly, who 
 took it up on the 15th May. The Presbytery rested 
 their defence for non-obedience on the following points :— 
 
 " That they not only saw a strong opposition in the 
 parish to that settlement, but a flame arisen in the coun- 
 try, which was likely to spread into their ow n parishes, if 
 they should have an active hand in it, so as to scatter 
 their congregations, and render them, in a great measure, 
 useless as ministers of Christ, in pursuing the important 
 ends of their ministry ; and useless to the public, in re- 
 commending loyalty and good affection to our happy con- 
 stitution and government, to the people under their charge ; 
 and therefore they could not have freedom in their con- 
 sciences, to proceed to ordain and admit the candidate, in 
 these circumstances. 
 
 " That they conceived it was perfectly agreeable to 
 Presbyterian government, and the constitution of this 
 Church, that the authority of all its judicatures should al- 
 ways be exercised in a subordination to the absolute au- 
 thority of Jesus Christ, the only King of his church ; and 
 with a tender regard to conscience, of which God alone is 
 Lord: and therefore their injunctions should never be 
 arbitrary ; nor such as might not be dispensed with, in 
 any case whatsoever. And that the authority of the 
 Church could never fall into contempt by such a gentle 
 and tender exercise of it ; but was rather likely to suffer 
 by an immoderate and uncharitable stretch of it. And 
 admitting that the sentences of the supreme judicature 
 must pass into execution ; this might be easily done, with- 
 out bearing hard upon the consciences of any ; as persons 
 might be found to execute them, who were not in such 
 circumstances, that their success and usefulness as minis- 
 ters would suffer by their executing of them ; and who 
 
200 ANNALS OF THE ASSEMBLY. [1751. 
 
 could, witliout violating their consciences, proceed to the 
 execution of them." 
 
 Besides these general defences, a member of Presby- 
 tery (Mr. John Adams of Falkirk ?) made the following 
 speech in vindication of himself and his brethren at the 
 Assembly's Bar* : — 
 
 Moderator, — It is a disagreeable thing to be brought 
 into a situation, which carries even an appearance of dis- 
 regard to the order of the Church. A regard to the au- 
 thority of the Church is, no doubt, a laudable principle ; 
 and will always have just weight with every good and 
 judicious member of society, when under no difficulties, 
 but such as that regard is able to conquer. 
 
 But that there can be no possible circumstances of any 
 particular appoiutm.ent, which may afford, if not a justi- 
 fiable, at least an excusable ground of declining to execute 
 it, is an assertion which will not stand cool examination. 
 And, if the case be allowed but possible, it is ours in the 
 present question. 
 
 It was never a question with us, that the final sentences 
 of the supreme court must be executed : without a 
 power to execute, as well as to appoint, we would have 
 no constitution. It is to be observed, however, that it 
 seems not at any time to have been the sense either of 
 Church or State, " That absolute obedience to authority, 
 in all possible cases, is so essential to government, as to be 
 indispensably necessary to the support of the constitution" 
 — nay, the wisdom and prudence of such as have been 
 directors in both, lead us to this quite contrary conclusion, 
 '' That rigid insisting upon strict obedience, in some cases, 
 tended to the hurt of the constitution ; while moderation 
 and lenity have been judged the securest measures of 
 strengthening and supporting it." 
 
 Several instances to this purpose occur in the civil govern- 
 ment, and not a few in the ecclesiastic, w here, we may be 
 
 • I am indebted for the Report of this Speech to an anonymous corres- 
 pondent of the Scots !\Iagazirie, (March 1752, p. 137), who assures us that 
 *' it was taken by so exact and careful a band that it may be depended upon 
 as a just and genuine account." Who the speaker was can only be matter 
 of conjecture. I have ventured to assign the speech to Mr. John Adams, of 
 Falkirk, (formerly of Dalrymple), Moderator of the Assembly in 1744, and 
 a leading man, not only in the Presbytery, but in the Church, on what began 
 to be called the popular side. He was the person who had been enjoined 
 to' preside at Mr. Watson's ordination, and was moreover a member of this 
 Assembly. 
 
1751.] SPEECH OF MR. ADAMS OF FALKIRK. 201 
 
 allowed to say, it is at least as reasonable to expect them. 
 With what other view did our supreme court, in former 
 times, execute some of their sentences, by committees of 
 their own, but to relieve presbyteries under straitening cir- 
 cumstances ? — It is well enough known, that the exercise 
 of our Church authority in these very instances, was di- 
 rected by the counsels of such, as, without disparagement, 
 we may venture to say, understood our constitution as 
 well, and had it as much at heart to preserve good order, 
 as any now among us. — Yet they never confined their aim 
 to the single point of maintaining the authority of the 
 Church ; nor did they place either the essence or the ex- 
 cellency of our subordination, in the power of Church 
 courts to distress their own brethren. — No ; they placed 
 it where it certainly lies, in the access which parties have, 
 when they think themselves injured, to seek redress by 
 appeals to the superior courts ; who, no doubt, have power 
 to take the execution, as well as the judgment, into their 
 own hands, when particular circumstances point out the 
 expediency of their doing so. — The harmony of the 
 Church, and the peace of the country, came under consider- 
 ation in the measures then pursued ; and our Assemblies 
 preserved their authority, by securing the execution of 
 their sentences, while at the same time they preserved the 
 subjects of their government, by the manner of executing 
 them; — wisely forecasting the figure our authority will 
 make, if we shall come to have no subjects but one another 
 to exercise it upon. 
 
 Nor is it any just objection to the moderate measures 
 of those times, that there were some then in the Church, 
 who made a most unreasonable outcry, not only against 
 the appointment of violent settlements, which might afford 
 ground of demur, but against the manner of executing 
 them, though the very best that circumstances permitted, 
 and the native fruit indeed of the principles of charity and 
 forbearance towards those who had not freedom to act any 
 part in such settlements. And, truly, so far was it from 
 being the prevailing spirit of those times, to compel 
 either presbyteries, or particular members, to act in con- 
 tradiction to the sense and persuasion of their own minds, 
 that when the Secession happened, the Seceders were not 
 able to found their breaking off from the Church upon 
 any such hard terms of communion imposed upon them ; 
 
202 ANNALS OF THE ASSEMBLY. [1751, 
 
 but were obliged to rest their Secession upon this most 
 unjustifiable ground, That the Church did things which 
 they, forsooth, could not approve of, and therefore they 
 would not hold communion with her. 
 
 Now, if such moderate measures were judged necessary 
 to preserve peace and union as much as possible in that 
 period, can it be said, can it be thought, that there is less 
 occasion for such prudential conduct now, when a formal 
 Secession, which did not then subsist, has opened a door 
 of relief to parishes who think themselves oppressed ? — 
 And this brings us to the precise point upon which the 
 question turns, relating to the conduct of the Presbytery 
 of Linlithgow. 
 
 When the General Assembly 1749 first appointed the 
 settlement of Torphichen, the Presbytery resolved to go 
 as far as they could, in obedience to the Assembly's order 
 — took the candidate upon trials, which they did expede, 
 and went even the length of serving his edict, — that so it 
 might appear, that the difficulties in the way of the set- 
 tlement did not arise from any personal objections to the 
 young man ; and it is no more than justice to him to own, 
 that nothing has cast up from any quarter to the prejudice 
 of his character. But it appeared (after all proper pains 
 and trials by committees to get matters brought to a situa- 
 tion a little more comfortable, than could be hoped from 
 a congregation of five or six only, out of about a thousand 
 examinable persons, whereof the parish is said to consist) 
 that the universal opposition continued ; and then, indeed, 
 we unanimously agreed to represent our difficulties, from 
 that cause, to the then ensuing Assembly, in hope of the 
 relief which the prudence and moderation of former times 
 had often given in such cases, and but very lately to the 
 Presbytery of Glasgow, in the case of the settlement of 
 Go van.* 
 
 It is well enough known, that the difficulties and dis- 
 tress of our case were then set forth in so just and con- 
 vincing a light, that, so far as we know, there was not a 
 single member of that Assembly who moved to censure, 
 or so much as to testify any disapprobation of our conduct, 
 in not executing the order of the preceding Assembly 
 1749, — though some acknowledged that they had enter- 
 
 • See under the year 1747, and the Commissioa-Mueting in November of 
 that year. 
 
1751.] SPEECH OF MR. ADAMS OF FALKIRK. 203 
 
 tained different sentiments before they heard the case. - 
 
 When the last Assembly then had sustained the repre- 
 sentation of our difficulties, so far at least as not to testify- 
 any disapprobation of our conduct, in failing to execute 
 the order of the preceding Assembly, was it to be expect- 
 ed, that, in these circumstances, they would not have 
 granted the wonted and petitioned relief? But in place 
 of this, the order was renewed in a more peremptory man- 
 ner than before, and that is the order which we are now 
 called to account for declining to obey. 
 
 May we be allowed to ask what additional weight has 
 the authority of last Assembly, to render our not execut- 
 ing their appointment more criminal in the eye of this 
 Assembly, than they themselves had judged our declining 
 to execute the order of the preceding Assembly 1749 
 to be ? The only difference seems to be this : — The first 
 Assembly, who appointed this settlement, laid their orders 
 upon us in course, when our difficulties were neither so 
 well known, nor so fully represented ; and the last As- 
 sembly renewed the order, and refused relief, in the very 
 face of our difficulties, so fully and strongly represented, 
 as has been said. Is it to be supposed, Sir, that this Ven- 
 erable Assembly will be so much higher than the last, as, 
 for that difference, to judge our declining censurable ? 
 
 We must own, that the appointment of the last Assem- 
 bly, in the circumstances I have mentioned, appeared to 
 some of us in a very odd light. It appeared as if the 
 Assembly had resolved to adopt a new measure of con- 
 duct, and would oblige Presbyteries to execute their or- 
 ders, without taking any thing into consideration but the 
 authority of the court, — so as whatever scruples they might 
 have ; whatever persuasions of mind they might entertain 
 of the rule of duty, relating to their own personal actings; 
 whatever consequences they might foresee to attend the 
 part they acted ; — all was to be sacrificed at once to this 
 single principle, submission to authority, — a principle, 
 therefore, which must be enforced by threatenings, cen- 
 sures, forfeitures, and all the terrible engines of power. 
 But are these means of enlightening the mind, when the 
 question is, " What is duty?' — are these the arguments 
 by which the ministers of Christ ought to ply one another? 
 Besides, what must be the issue of these compulsive mea- 
 sures ? Either such as have fortitude enough to adhere* 
 
204 ANNALS OP THE ASSEMBLY. [1751. 
 
 at all hazards, to what they are persuaded is the rule of 
 their duty, must at length be turned out of the Establish- 
 ment, — and will that be for the good of the Church ? or 
 the more timorous must be frightened into compliance, 
 contrary to their own conviction of right, and sense of 
 duty, in a particular case. Some might, perhaps, triumph 
 in this effect, as the boasted success of church-authority 
 duly exerted. But has it not a native tendency to weaken 
 the power of conscience, the highest principle of human 
 actions ? Nay, have not these intimidating arguments a 
 manifest tendency to debauch conscience ? the very worst 
 effect human power ever was, or can be applied to.* 
 
 But, in support of this scheme, we have heard it reason- 
 ed by our brethren of higher constitution-principles than 
 we can come up to, " That conscience has no concern in 
 the orders of our superiors, but in obliging to obey them; 
 — that no difficulties can come in the way of executing 
 those orders, but such as any who are not very weak must 
 see ought not to have any influence in such cases ; — that the 
 appointment becomes the rule of duty, and we can have 
 no other ; — that therefore scruples of conscience, in such 
 circumstances, must be affected ; — that the rights of pri- 
 vate judgment have no place here ; — we must see with the 
 eyes of the Church ; and if we say we cannot, no more is 
 needful to clear our sight but a penal law affecting the 
 stipend ; — that we vowed obedience when we were re- 
 ceived into the Church, and it is breach of faith to decline 
 any command that is laid upon us." As these are the 
 lights in which the conduct we are now accounting for is 
 viewed as culpable, it is necessary to take notice of them 
 in our apology. 
 
 May it not be said in reply, " That if private judgment 
 have any rights left under our Establishment, the first and 
 most essential is, the right to determine wliat is a matter 
 of conscience, and what not, in relation to one's personal 
 conduct ? Withdraw this right, all goes along with it." 
 
 It is true many scruples arise from weakness ; but it is 
 as true, that the light and persuasion of a man's own mind 
 is the immediate rule of his duty. To act contrary to this 
 rule, is, by all acknowledgments, sinful in the sight of 
 God. How then can declining such acting fall under the 
 
 * See Rom, xiv. 13—15, 
 
1751.] SPEECH OF MR. ADAMS OF FALKIRK. 205 
 
 censure of his Church, unless the serv^ants claim a power 
 to command what the master forbids ? The object of 
 Church-censure, one would think, must be something that 
 is B, fault. But where is the fault here ? If there is any, 
 it must be in the judgment. And so laeakness, not wick- 
 edness or obstinacy, becomes the object of the censure. 
 
 All this reasoning applies to the case of scruples and 
 difficulties arising from mere weakness where there is 
 honesty. If honesty is suspected, it ought to be upon some 
 just ground of suspicion ; and then falsehood, or dissimu- 
 lation, becomes a just object of censure, when fairly de- 
 tected. But after all, why must the difficulties which may 
 sometimes come in the way of executing a particular sen- 
 tence of the supreme court be all ascribed to weakness ? 
 Is it indeed an infallible sign of a weak mind to imagine 
 that the laws given to the Christian Church, by her Great 
 Head and Lawgiver himself, are immediately binding on 
 individuals, who therefore must be satisfied that the order 
 of his servants, which they are required to obey, does not 
 interfere with his superior authority ? Let us look a little 
 at a state of things, which may not be figured only, but is 
 often a real case — nay is our case. A Presbytery sees a 
 fire kindled by the appointment of a violent settlement in 
 a particular corner ; they are quite persuaded, that to take 
 the execution upon themselves, would be to open a pas- 
 sage for the flame to spread through all their bounds. — 
 They see ministers, useful in their office by living in good 
 terms with their people, reduced to the miserable neces- 
 sity of sacrificing their future peace and usefulness to the 
 single principle of obedience to orders in a particular case ; 
 the case of committing a charge they have in trust, to 
 one who can have no earthly prospect, to their apprehen- 
 sion, of being ever useful in that station. Thus, in place 
 of watching over their flocks to feed and guard them, they 
 find themselves employed in laying stumbling-blocks in 
 their way, nay even exposing them to be misled by those 
 who lie in wait to deceive. In the spread and progress 
 of such measures, they see the ministers of the Establish- 
 ed Church hastening to become an useless burden upon 
 the society, useless at once to the religious and civil inter- 
 ests of the country. For it is abundantly obvious, though 
 too little attended to, that it is in a great measure by the 
 regards which we maintain in the hearts of our people, 
 
206 ANNALS OF THE ASSEMBLY. [1751. 
 
 that we are able to preserve any real influence among 
 them ; either as ministers of the gospel, for promoting 
 their spiritual and eternal interests, which ought ever to 
 be uppermost in our eye ; or as friends to our happy con- 
 stitution, in cultivating the true principles of government 
 and loyalty. 
 
 Nor is the mere loss of the influence of ministers in 
 these characters all that is to be dreaded. The common- 
 alty, for whose service public teachers have in all ages 
 been judged most necessary, and to whom the sphere of 
 our usefulness is in a great measure confined, will, nay 
 must, always have a leading. Upon the leading principles 
 which govern them, the happiness of society, and the se- 
 curity of our most excellent constitution, have the greatest 
 and most manifest dependence. Now, it is not a suppo- 
 sition, but a known fact, a fact confirmed by too many 
 experiments, that the people no sooner withdraw their 
 regards from the ministers of the Established Church, 
 than of course they fall under the direction of one or other 
 of the separating parties among us; some of whom are 
 well kjtotvn to teach as wild and pernicious principles of 
 government^ as they do of religion. 
 
 Are these consequences which none but weak men can 
 be over-ruled by, in competition with a single act of obe- 
 dience in a hard case? Are scruples and difiiculties of 
 this kind so insignificant, that the fear of losing a little 
 stipend must be enough to set them all aside, if a penal 
 law should be obtained for that end ? Indeed, could it 
 be supposed that any of our number took on the character 
 of ministers of the gospel for sake of the stipend only, 
 such no doubt would feel the force of that argument ; but 
 none who are not conscious of an irresistible power in 
 money, can be capable of suspecting others of so sordid a 
 disposition. Were there any ground for that mean sup- 
 position, we would aff'ord juster occasion than we have yet 
 done, to upbraid us with the love of money as our lead- 
 ing principle. 
 
 It is true, such as have no knowledge of the foremen- 
 tioned evils but what they take up from distant report, 
 without seeing or feeling themselves, are ready to tell us, 
 that if presbyteries would generally overlook the affec^ 
 tions and objections of parishes in the settlement of minis- 
 ters, and go clean through with their work, as they call 
 
1751.] SPEECH OF MR. ADAMS OF FALKIRK. 207 
 
 it, all disturbance would be soon at an end. Alas ! that 
 at best would be but a superficial cure. It is not impro- 
 bable, indeed, that if it came to be generally the case, 
 that no regard was had to the choice and inclinations of 
 parishes in giving ministers to them, the people might at 
 length drop open opposition ; but the coldness and disaf- 
 fection of their hearts would be increased, rather than 
 abated, by that restraint ; and there lies the bar to their 
 edification. 
 
 The truth is, no sort of force seems to carry a greater 
 incongruity to the nature of things, than to force a religi- 
 ous teacher upon people ; who must always have their 
 attention at their own disposal : and it is no less contrary 
 to the spirit and intention at least, of the laws and civil 
 constitution of our country, than to the interests of our 
 holy religion, to bestow tiie provisions designed for public 
 teachers, without any probability of service to answer the 
 good ends of that establishment. 
 
 It remains to vindicate our behaviour in the present 
 case, from the imputation of inconsistency with the re- 
 gard due to our promised submission when we are or- 
 dained ministers, which is the most plausible objection to it. 
 
 It may be taken for granted, I suppose, that no body 
 will maintain, that absolute and unlimited obedience is 
 either required or promised in a Protestant Church. Ab- 
 solute submission I understand, and admit to be required 
 by our constitution and engagements. The eflfect of which 
 is, an obligation to retire in a peaceable and respectful 
 manner, when the judicatures of the Church declare any 
 of her members incapable of continuing in communion, 
 and enjoying the privileges of the establishment, for not 
 conforming to the terms which they judge essential to the 
 constitution. Rightly or not, is not the question here : it 
 must be allowed, that they are the judges. Hence, mere 
 difference of judgment may be aground of exclusion from 
 the privileges of an establishment, with which that differ- 
 ence is found to be inconsistent. But then that exclusion 
 is not properly a censure, which must always have & fault 
 for its object. It is really no more, than the declaration 
 of the society, in whom the power of deciding is lodged, 
 ♦' That the person excluded comes not up to their terms 
 of communion ;" though perhaps in the right in differing 
 from them. 
 
 s2 
 
208 ANNALS OF THE ASSEMBLY. [1751. 
 
 This is the light in which we have fairly examined our 
 present conduct. We are far from approving of a man's 
 neglecting apparent duty, because that neglect may bring 
 only a harmless rebuke upon him. We readily allow, 
 that transgression of the laws, or neglect of the orders of 
 the society whereof one is a member, ought never to be 
 stated upon a slight ground; nor on any less solid foun- 
 dation, than one could state leaving the society upon ; if 
 the judgment of those who have the power of admitting 
 and secluding should so determine. In a word, if uniform 
 obedience to authority in all possible cases shall come to 
 be insisted upon as a term of communion amongst us, in 
 order to distress either presbyteries or particular members 
 who have not fredom to act in some circumstances ; and 
 that too when the nature of the thing and former practice 
 point out methods of eifectually executing final sentences 
 which are not attended with those inconveniences ; we 
 could make no hesitation in our choice, betwixt peaceable 
 retiring, if the Church-judicatures judged it proper to dis- 
 miss us, and acting a part in consequence of measures 
 which, in our humble opinion, must not only prove hurt- 
 ful, but ruining to our most valuable interests." 
 
 There was then long reasoning in the Assembly, both 
 as to what judgment ought to be given with respect to 
 the conduct of the Presbytery of Linlithgow, and what 
 method was to be taken for making effectual the sen- 
 tences of the two preceding Assemblies relative to the 
 Torphichen settlement. An overture having been pro- 
 p(»sed, which contained a censure to be passed on the 
 brethren of that Presbytery, several members declared 
 against any censure, and others moved for a higher 
 censure than that expressed in the overture. Tiie ques- 
 tion was therefore put. Censure, or Not ? and it carried, 
 Censure. Against which Principal Wishart entered his 
 dissent, — to which twenty-one ministers and one ruling 
 elder adhered. Some members having then moved for a 
 sentence of suspension to be passed upon the disobedient 
 brethren, tiie question was put, Agree to the overture for- 
 merly proposed, or Suspend ? and carried, by a very great 
 majority. Agree. The Assembly therefore came to the 
 following resolution, in terms of the overture : — " That 
 they are highly displeased with the Presbytery of Lin- 
 
1751.] THE LINLITHGOW PRESBYTERY REBUKED. 209 
 
 lithgow, for their not obeying the orders of the two last 
 General Assemblies ; and that the Moderator, in the As- 
 sembly's name, rebuke them at the bar for their said of- 
 fence. And the Assembly do enjoin the Presbytery of 
 Linlithgow, and, in concurrence with them, the committee 
 hereafter named, to meet at the church of Torphichen, 
 upon Thursday the 30th of this month of May, and then 
 and there to ordain and admit Mr. Jame* Watson as mi- 
 nister of the parish of Torphichen. But in case that Pres- 
 bytery should again fail in their duty, and not be present 
 at the meeting for the ordination, or should refuse to con- 
 cur therein, the Assembly appoints the committee now to 
 be named to proceed by themselves to Mr. Watson's or- 
 dination and admission, &c." The committee consists of 
 fourteen ministers and four ruling elders, five of whom to 
 be a quorum, three of these to be ministers. — The Pres- 
 bytery were accordingly rebuked for their disobedience. 
 
 Principal Wishart, and the other dissentients from the 
 first resolution (viz. " to censure"), gave in to the Assem- 
 bly, on the 18th May, the following paper, humbly beg- 
 ging, that it might be read and recorded ; and repeated 
 their request, to be but allowed to read it, on the 20th. 
 But the Assembly, without allowing it to be read, or- 
 dered it to lie in retentis.* 
 
 Reasons of the Dissent, entered on the 1 5 th of May, 1751, 
 from the sentence of the General Assembly, censuring the 
 Heverend members of the Presbytery of Linlithgow, for 
 not executing the sentences of former Assemblies, appoint- 
 ing them to ordain and admit Mr, James Watson minis- 
 ter of the parish of Torphichen. 
 
 1. Whatever privileges the Church of Scotland has by 
 law, these can never make her a merely voluntary, or 
 merely legal society, so as to be governed only by rules 
 of her own making, or only by civil laws, or by both to- 
 gether ; but she must still be reckoned a part of the 
 Church of Christ, of which he alone is Lord and King ; 
 and which has a government, appointed by him, distinct 
 
 * The reason assigned in the printed Index, for not reading it on the 
 20th, is, *' in respect that at a former diet these reasons were ordered to lie 
 in retentis." They will be found often referred to in the '• Manifesto of the 
 Moderate party," drawn up by Principal Robertson, and given under next 
 year. 
 
 5 3 
 
210 ANNALS OF THE ASSEMBLY. [1751, 
 
 from the civil magistracvj and all the members of it are ttx 
 be subject to his alone, absolutely and without reserve. — 
 And, therefore, we think the censures of the Church are 
 never to be inflicted, but upon open transgressors of the 
 laws of Christ himself, its only lawgiver ; nor can we think 
 that any man is to be constructed an open transgressor of 
 the laws of Christ, merely for not obeying commands of 
 any assembly of fallible men, when he declares it was a 
 conscientious regard to the will of Christ himself, accord- 
 ing to the best of his understanding of it, that led him to 
 this disobedience. And therefore, this decision of the 
 Assembly seems to us a stretch of power, derogatory to 
 the rights of conscience, of which God alone is Lord, and 
 to the sole absolute authority of Christ in his Church. 
 
 2. We have always, from our first entrance into this 
 Church, conceived, that Presbyterian government, as dis- 
 tinguished from all other forms of Church-government, 
 consisted in the parity of pastors and subordination of 
 Church-judicatures, — as it is described, both in the form 
 of our subscription, and in the laws of our Establisliment, 
 — without implying that even the supreme judicature was 
 vested with absolute authority or infallibility, or that an 
 active obedience without reserve was to be given to its 
 decisions, — which we could never imagine to be a princi- 
 ple tenable by any christian Protestant Church. Accord- 
 ingly, our subscription, and engagement to obedience and 
 submission to the judicatures of this Church, is with the 
 express limitation of its being in the Lord, — that is, in such 
 cases only as we judge not to be disagreeable to the Lord, 
 — of which every man has an unalienable right to judge for 
 himself, as he will be answerable to the Lord : a right 
 which he cannot give up to any man, or society of men, 
 because it is not merely his privilege, but his indispensa- 
 ble duty ; whereas this sentence, and the reasoning in sup- 
 port of it, seem to imply, that not one instance of declining, 
 in the humblest manner, actively to obey, can be tolerated 
 in the Church. 
 
 3. Because we conceive that this sentence was by no 
 means necessary to support the constitution and authority 
 of the Church. These are well secured, so long as the 
 execution of the sentences of the supreme court may take 
 place in many different ways, without bearing hard on the 
 consciences of such as do not see with the eyes of the ma- 
 
1751.] DISSENT IN THE TORPHICHEN CASE. 211 
 
 jority ; or rather who tliink what is commanded, not only- 
 unlawful in itself, but sinful in them to execute. 
 
 Will. Wishart, D.D., Principal of the College 
 
 of Edinburgh. 
 Geo. Lindsay, Minister at North-Leith. 
 Jo. CuRRiE, Minister at Kinglassie. 
 Jo. Ballixgal, Minister at Cupar. 
 Robert Drummond, Minister at Auchterarder. 
 Alex. Stedman, Minister at Tillicultry. 
 Day. Hunter, Minister at Saline. 
 James Smith, Minister at Newburn. 
 Day. Black, Minister in Perth. 
 Ro. Bryce, Minister at Dron. 
 John Spence, Minister at Orwel. 
 John Anderson, of Middlerig, Elder. 
 Alex. Dick, Minister at Dairy. 
 Alex. Murray, Minister at Foulis- Wester. 
 Hugh Glas, Minister at Kettle. 
 James Porteous, Minister at Monyvaird. 
 Ja. Ogilvie, Minister at Aberdeen. 
 Laur. Hill, Minister at the Barony of Glasgow. 
 Ja. Robe, Minister at Kilsyth. 
 John Lawson, Minister at Closeburn. 
 John Glen, Minister at Forgandenny. 
 R. Walker, Minister at South- Leith. 
 John Sutherland, Minister at Golspy. 
 
 The person who moved the vote of suspension was 
 Mr. John Home^ of Athelstaneford, (the author of Doug- 
 las), seconded by Mr, William Robertson, of Gladsmuir, 
 both delegates from the Presbytery of Haddington. It 
 was the tirst time that either spoke in the Assembly ; and 
 the latter took the opportunity of unfolding those princi- 
 ples of ecclesiastical government, which were next year act- 
 ed upon in the case of Inverkeithing, and which formed 
 the guide of his policy when he came to be established 
 as leader of the dominant party ten or twelve years af- 
 terwards. On the present occasion, however, though he 
 enforced his views " with extraordinary powers of argu- 
 ment and eloquence, and was most ably supported by Sir 
 Gilbert Elliott and Mr. Andrew Pringle, (afterwards 
 
212 AXNALS OF THE ASSEMBLY. [1751. 
 
 Lord Alemoor,) he was left in a very small minority ; 
 the house dividing, 200 against 11."* 
 
 Mr. NYatson was settled on the 30th May hy the com- 
 mittee appointed by the Assembly. The Presbytery do 
 not seem to have been present as a body ; and w^hen they 
 next met (on the 3d October), though Mr. Watson was 
 received and enrolled a member, " Messrs William Hasty 
 and Alexander Wardrob, with James Ure and Patrick 
 Grahame, elders, insisted that it should be marked, that 
 their sitting in Presbytery with the said Mr. James Wat- 
 sou should not be constructed as their homologating his 
 'settlement, and the clerk was ordered to mark the same." 
 
 A protest signed by Mr. Thomas TuUideph, Principal 
 of St. Leonard's College in St. Andrews, and Dr. George 
 Haddow, Professor of Hebrew in the New College, against 
 receiving a commission by the University of St. Andrews, 
 to Mr. David Young, Professor of Philosophy therein, or 
 enrolling his name, as a member of the Assembly, until 
 the appeal taken from the Presbytery of St. Andrews, 
 for attesting the said commission, be discussed, remitted 
 to the committee to be named for revising commissions, 
 and, in the mean time, Mr. Young was ordered to be en- 
 rolled as a member.-f- 
 
 An appeal was brought by Mr. John Sutherland, min- 
 ister at Golspy, Messrs. Robert Kirk, James Smith, 
 John Monro and Francis Robertson, four other ministers 
 in the Presbytery of Dornoch, and the body of elders and 
 communicants there, against a sentence of the Synod of 
 Sutherland and Caithness, in relation to the diets of ivor- 
 ship at the time of celebrating the Lord's Supper. The 
 appellants represented, *' That, in June 1750, some minis- 
 ters in the Presbytery of Dornoch entered into a concert 
 (without consulting their sessions, or knowing the senti- 
 ments of the people) to change the fast-day before the 
 administration of that Sacrament, from Thursday to Fri- 
 day ; whereby the number of the preparation-days was 
 abridged, Friday being usually employed by them in some 
 
 • Stewart's Life of Robertson, p. 14, 169. 
 
 f A committee was afterwards appointed << to accommodate differencet 
 among all parties concerned." 
 
1751.] FELLOWSHIP- MEETINGS IN THE HIGHLANDS. 2lS 
 
 more or less public act of devotion* : That, however, on 
 the Thursday before the Sacrament at Larg- and Kildo- 
 nan, the people, not only of these, but of several parishes 
 in the neighbourhood, repaired to these churches, and 
 sent one or two of their number, earnestly entreating the 
 ministers not to deny them the benefitof joining together 
 in public worship ; but that their earnest solicitations had 
 no effect on the minister of Larg, so that, after long at- 
 tendance, many of the people withdrew : That a petition 
 was offered to the Synod on the 12th of July, humbly 
 setting forth what had passed at Larg, and representing 
 the unhappy consequences that were likely to ensue, by 
 creating a coolness betwixt private christians, as also be- 
 twixt several congregations and tlieir ministers : That the 
 Synod pronounced sentence, finding, ' That the petition- 
 ers, and such else of the people of the bounds of the said 
 Presbytery as made any noise, or gave any disturbance, 
 on occasion of the alteration complained of, have been 
 highly to blame, not only in refusing to submit to regula- 
 tions thought necessary by their ministers, but also in the 
 noise and clamour they have raised, and the disturbance 
 they gave to the administration of that holy ordinance, 
 and the insults by some of them offered to their minis- 
 ters: and, therefore, the Synod dismissed their peti- 
 tion, with a recommendation to their several ministers 
 to labour to convince their people how far they have 
 been to blame, and to teach them the submission due to 
 their pastors in matters confessedly indifferent. And 
 the Synod appoint this their sentence to be read from 
 the several pulpits of the Presbytery of Dornoch, &c.' 
 And, That the clamour, disturbance, and insults, men- 
 tioned in this sentence, are contrary to fact, as the minis- 
 ters declared in open Presbytery." — A committee to whom 
 this appeal was referred, gave in their opinion on the 
 18th; which being read, was approved of, viz. " The Ge- 
 neral Assembly judge, that this affair is not ripe for a de- 
 cision ; and in the mean time declare they cannot approve 
 
 • It has long been the practice in the North Highlands, to hold a public 
 fellowship-meeting on the Friday before the Sacrament; at which elder* 
 and other laymen " speak to the question," in theology or christian experi- 
 ence, that may be proposed. Ttie custom, however, has been thought by 
 many to be of such pernicious tendency, that the object of the Sutherland 
 clergy, in proposing to change the fast-day to Friday, was no doubt to get 
 rid of the fellowship-meeting altogether. 
 
214 ANNALS OF THE ASSEMBLY. [1751. 
 
 of the judgment of the Synod of Sutherland and Caith- 
 ness, censuring the elders and other petitioners, request- 
 ing the Synod to continue the fast-day before the Sacra- 
 ment on Thursday as formerly ; and therefore discharge 
 the intimation of that censure : and recommend it to all 
 the ministers in the bounds of that Synod, to shew all 
 tenderness to the sentiments of the elders and other well- 
 disposed people under their charge, and to study to pre- 
 serve unity and brotherly love with one another ; and 
 further recommend it to all the people, to behave regu- 
 larly and quietly, and shew all regard to their ministers ; 
 and judge it inexpedient for that Synod, or the Presby- 
 teries within their bounds, to appoint any general altera- 
 tion of the diets of public worship at such solemn occa- 
 sions, till that matter is taken under the consideration of 
 the General Assembly.'' 
 
 Some of the elders, members of the Presbytery of 
 Perth, summoned to appear before this Assembly by the 
 Commission in March, having sent letters of excuse, the 
 Assembly, in respect of the peculiar circumstances of the 
 case, dismissed the affair, (May 20.) 
 
 The same day, the following Act was adopted : — " That 
 the Assembly renew Act 11. 1712, appointing the more 
 frequent celebration of our Lord's Supper. And in order to 
 the better observance of the said Act, every Presbytery, at 
 their privy censures before the winter Synod, shall in- 
 quire at each of their brethren, whether they have ad- 
 ministered that Sacramerit once at least the preceding 
 year ; and in case any of them have not done it, their ex- 
 cuses shall be marked in the minutes, and what the Pres- 
 bytery has done in approbation or disapprobation thereof, 
 and report the same in writing to tlie Synod. And in 
 case any member of the Presbytery should not be at the 
 diet for privy censure, he shall send up his excuse in writ- 
 ing, either to that diet, or to the next ensuing Synod : 
 and in case of brethren's failing in both the forementioned 
 injunctions, that the Presbytery next after the Synod shall 
 call such brethren to an account, and report to the next 
 Synod, that they may do therein as they shall see cause." 
 
 The General Assembly finding, that several of the 
 presbyteries have not sent up any opinion to this Assem- 
 bly concerning the Psalmody, notwithstanding a new edi- 
 tion with amendments, of the Translations and Paraphrases 
 
1751.] CASE OF MR. IMRIE OF DALTON. 215 
 
 of sacred Scripture was transmitted to them, do again trans- 
 mit the same, requiring such presbyteries as have hitherto 
 been deficient, to send up their opinions to the next As- 
 sembly ; and in the mean time, the Assembly recommends 
 the said Psalmody to be used in private families, and that 
 Presbyteries be careful to have a sufficient number of 
 copies of the said last edition thereof, within their bounds. 
 
 A sentence of the Synod of Fife, affirming a judgment 
 of the Presbytery of Cupar sustaining a call by the parish 
 of Loffie, to Mr. Samuel West, probationer, to be their 
 minister, affirmed, and the said Presbytery appointed 
 forthwith to proceed to the ordination and settlement of 
 the said Mr. West, as minister of the parish of Logic, 
 (his trials having been taken, and edict returned without 
 any objection.) 
 
 An overture transmitted by the Commission of the last 
 General Assembly anent unqualified Putrons disponing 
 their Rights of Patronage, for a single vice, or during their 
 lives only, to persons in whom they can place trust, read, 
 and ordered to lie upon the table till the next General 
 Assembly. 
 
 A sentence of the Synod of Angus and Mearns, sustaining 
 and concurring with a call by the town and parish of 
 Dundee, to Mr. Geishom Carmichael, minisiter at Monny- 
 mail, to be one of the ministers of Dundee, affirmed. 
 
 An appeal in name of his Grace the Duke of Queens- 
 berry and Dover, patron, and other heritors of the parish 
 of Terreagles, who had concurred with the presentation, 
 and afterwards signed a call to the Reverend Mr. George 
 Herron, minister of the gospel at Island xMagee in Ireland, 
 to be minister of the said parish of Terreagles, from a 
 sentence of the Synod of Dumfries, delaying to jud^e in 
 a reference made to them by the Presbytery of Dumfries 
 anent the said settlement, read, and the affair remitted 
 to the said Presbytery of Dumfries with a recommendation 
 to them to proceed therein with all convenient dispatch. 
 
 A reference from the Synod of Dumfries of a cause 
 brought before them, by appeal from a sentence of the 
 Presbytery of Lochmaben, refusing to transport Mr. 
 David Imrie,* minister at Dalton, to be minister of the 
 
 * Mr. Inirie was rather a remarkable man in his way— an original thinker, 
 but fanciful and inclined to mysticism, and withal a great student of unful= 
 
216 ANNALS OF THE ASSEMBLY. [1751. 
 
 parish of St. 3Iungo,heiird, the said sentence reversed, and 
 Mr. Imrie transported from the parish of Dalton to the 
 parish of St. Mungo, and the Presbytery of Lochmaben 
 appointed to admit him as minister of the said parish on 
 the 20th day of June next, the moderator of the Presby- 
 
 fiUed prophecy. He published a sermon, preached before the Synod of 
 Dumfries (of which he bec.ime Clerk), October II, 1748, which he an- 
 nounced in the preface to be a specimen of a work of a " pretty large 
 comp is<," to he entitled, " An Essay towards discovering the Great 
 Wfieel that connects the human system with the universal kingdom of 
 God." It is full of analogies between the works and word of God, 
 in the manner of the Hutchinsonians. In 1755 a letter of his appear- 
 ed, according to which " he has found," says a writer of the day, " by 
 studying the scripture-calculations, that the Jews will be converted, and 
 restored to their own land, within seven or eight years from the year 1754; 
 that they will have an anointed prince of their own, a mortal one, over them, 
 about 1771 or 1772; that they will be invaded in their own land, their 
 prince cut off, and their city and sanctuary once more demolished, about 
 1777 or 1778; and that they, as well as the whole people of Christ, will re- 
 main under a cloud for a time, but all will be brought to rights again, by 
 the pouring forth of the last plague on the adversaries of Chri*t, and at length 
 by that total final destruction which the prophet calls the great day of God's 
 wrath, about the year 1794; so that within forty years will be accomplished 
 the inbringing of the fulness of the Gentiles, and thit long and blessed period, 
 when peace, righteousness, and felicity, are t) flourish over the whole earth, 
 will begin : but that there is a long train of jurlgnients coming on the earth' 
 more dreadful than ever it yet beheld ; that they will begin before the end of 
 seven years hence, and go on in a continued train till the end of the forty 
 years ; and that two-thirds of mankind will be cut off by these judgments, 
 and one-third preserved by the preternatural assistance of ange'g." It is but 
 fair to add, however, that in the Edinburgh Courant of July 14, 1755, there 
 is a letter from Mr Imrie, complaining of this letter having been prioted with- 
 out his permission, and of its being full of blunders, and promising to publish 
 a book on the subject, which, however. I suspect, never appeared. 
 
 Mr. Imiie was a correspondent of Dr. Erskine, whose biographer thus 
 speaks of him ; — '' While Dr Erskine remained at Culross, he had another 
 remarkable correspondent; Mr. David Imrie, then minister of Dalton, and 
 afterwards of St. Mungo in Dumfries-shire. He was a man of very con- 
 siderable abilities, and was capable of a great degree of literary industry and 
 research. Several years of hi* life were einployed in the study of the pro- 
 phetical scriptures, in which he believed he had made some important dis- 
 coveries with regard to events predicted, both in the Old and in the New 
 Testament ; which, he persuaded himself, were to happen within a very few 
 years of tlic time when he applied his mind to the subject. Mr. Imrie lived 
 to see many of the minute interpretations, in which he had most confidence, 
 contradicted by events. He would have contemplated with amazement 
 other events which have happened since his death, in which his conjectures 
 and interpretations would have appeared to him to have been very near the 
 truth, though thiy were not completely veiified. The events, in particular, 
 of the year 1794, (a year which he had expressly mentiojed as introducing 
 most remaikable rev(dutioos, ) though not precisely what he had supposed 
 them, had so much apparent affinity to his representation, as would, if he 
 had witnessed them, have gone far to confirm some of his most sanguine an- 
 ticipations."— A/o?Jcr?e^'s Life of Erskine, pp. 226, 229. 
 
1751.] CASE OF BIGGAR. 217 
 
 tery, for the time being, to preach at his admission, and 
 the Church of Dalton to be declared vacant the Sabbath 
 thereafter. 
 
 The sentences of the Presbytery of Chanonry, and 
 Synod of Ross, sustaining a call by the heritors and elders 
 of the parish of Cromartie, to Mr. James Robertson, pro- 
 bationer, to be their minister, affirmed, and the said Pres- 
 bytery appointed to proceed to his trials and settlement 
 as minister of that parish with all convenient speed, ac- 
 cording to the rules of the Church. 
 
 The Commission empowered to cognosce and finally de- 
 termine in any reference or appeal, that shall be brought 
 before them, concerning the transportation of Mr. Andrew 
 Richardson, from Broughton ; or his admission at Inver- 
 keithing. 
 
 The report of the committee named on Thursday last 
 to consider the reference from the Presbytery of Edin- 
 burgh, for advice with respect to the receiving the min- 
 ister of the Castle of Edinburgh, as a member of the Pres- 
 bytery, brought in, containing an overture, that the As- 
 sembly advise the Presbytery of Edinburgh to receive and 
 admit Mr. John Johnston, minister of the Castle of Edin- 
 burgh, to be a member of the said Presbytery ; and the 
 Assembly not having time to consider the same, ordered, 
 that it be signified to the Presbytery of Edinburgh, that 
 a committee of the Assembly had given their opinion 
 above mentioned, which the Presbytery may have under 
 their consideration, and follow it or not as they see cause. 
 
 A reference from the Synod of Lothian and Tweeddale, 
 of a cause brought before them by appeal from the Pres- 
 bytery of Biggar's sentence in the settlement of the parish 
 oi Biggar, pronounced in April last,rzV. that in the present 
 circumstances, they could not proceed to the settlement 
 of Mr. William Haig, the presentee, and that the honour- 
 able patrons be applied to, to ease the Presbytery in this 
 matter, read, — and it being represented, that there was no 
 concurrence with the presentation, of any who reside in the 
 parish, save one, the Assembly found, that in the present 
 circumstances it is not expedient to appoint the settlement of 
 the presentee, and remitted to the Presbytery of Biggar 
 to deal with all concerned in order to bring about a com- 
 fortable settlement of the said parish. 
 
 A complaint of certain members of the Presbytery of 
 
218 ANNALS OF THE ASSEMBLY. [1751. 
 
 Irvine, dissenters from a judgment of the said Presbytery- 
 declaring themselves satisfied with a letter from the Earl 
 of Eglington, patron of the parish church of Irvine, re- 
 specting a presentation granted by his Lordship to iMr. 
 Charles Bannantine, minister at Kilmorie in Arran, to be 
 minister at Irvine, dismissed. 
 
 The report of the committee appointed to consider the 
 representation from the Kirk-session, of St. Ninians, 
 and other representations or instructions relating to the 
 power of Kirk-sessions, in the management of the poor's 
 monei/y brought in, and the Assembly recommended to the 
 ministers of each parish to deal with their heritors to set 
 about the maintenance of their poor, respectively, and the 
 repressing vagrant and idle persons and vagabonds; and 
 to Presbyteries to apply to the sheriffs of the several 
 shires, within which their Presbytery seats do lye, to put 
 the laws with respect to the maintenance of the poor, and 
 repressing vagrant persons and vagabonds, to due execu- 
 tion. The Kirk-session of St. Ninians, at their first meet- 
 ing, authorised to make a minute, ordering the minute in- 
 sert in their records by the heritors of St. Ninians, bear- 
 ing, *' that these were the books produced by the Session- 
 Clerk of St. Ninians, to the general meeting of the heri- 
 tors of that parish, to which their minute related," to be 
 expunged out of their said books ; and in case any unrea- 
 sonable process shall be brought by the heritors against 
 the minister and Kirk-session of St. Ninians, it is recom- 
 mended to the procurator and agents for the Church to 
 attend to the same, and any other cause of the like nature, 
 as being of public concern. The minister and Kirk-ses- 
 sion of St. Ninians allowed to apply to the neighbouring 
 Synods, who have parishes in the like circumstances for 
 voluntary contributions, at their several parish church 
 doors, for defraying the expense of such processes, and 
 the Commission is empowered to consider what may be 
 further necessary in this matter, and report to the next 
 Assembly. [See the case of Humbie at p. 187.] 
 
 The Commission empowered to cognosce and finally 
 determine in any reference or appeal that shall be brought 
 before them from the Synod of Fife, with respect to the 
 sentence of deposition passed by the Presbytery of St. 
 Andrew's, against John Duncan, tenant in Causeway- 
 head, and one of the elders of the parish of Forgan. 
 
1751.] LAWS AGAINST IRREGULAR MARRIAGES. 219 
 
 It appeared that in consequence of the recommendation 
 of last Assembly, upwards of £900 sterling had been col- 
 lected for the church at Breslau.—h letter of thanks was 
 received by the present Assembly. 
 
 Reference to the Commission to consider an overture 
 from the Synod of Glasgow and Ayr, respecting the dis- 
 orderly practices of clandestine marriages, and the bad 
 consequences thereof, and to do what they can to prevent 
 such practices. 
 
 Reference to the Commission to take under considera- 
 tion an account concerning the state and increase of Poperi/ 
 in some parishes in the bounds of the Presbytery of num- 
 fries, and to do therein as they see cause. 
 
 The Overtures about Presbyteries neglecting to send 
 their opinions on the overtures transmitted to them by the 
 Assembly,— about licensing probationers,— and about 
 processes against probationers, are all retransmitted. 
 
 The Assembly rose May the 20th.* 
 
 COMMISSION MEETING IN NOVEMBER. 
 
 In consequence of a reference from the Assembly, and 
 of representations laid before the Commission by sev- 
 eral members, setting forth. That the practice oUrregu- 
 lar marriages (i. e., without due proclamation of banns) 
 is of late become so common,t and is atte nded with such 
 
 * At the desire of the crown-lawyers (in consequence of an order of 
 the Lords of Justiciary), the Clerks of Assembly this year transmitted copies 
 of the Act anent murthering of Children, 1690, w>th a letter to the Mo- 
 derators of all the Presbyteries in Scotland, requesting them to cause jt be 
 read from the pulpits within their bounds respectively, - that a 1 the li.ges 
 may avoid the danger which several unfortunate persons have lately fallen 
 into from their ignorance of it." It was an Act which made the conceal- 
 ment of pregnancy a capital crime, but it has since been repealed. 
 
 + One of the most active instruments in promoting these irregularities, was 
 David Pdterson, once a probationer of the Church, of whom a notice will be 
 found at p. 44, note. Another was the person mentioned in the following 
 paragraph :—'« Mr. George Craighead, who is, or pretends to be an English 
 dissenting minister, but a Scotchman, and who has kept a meeting-house in 
 Edinburgh upwards of a twelvemonth, was tried lately before the L.ourt oi 
 Justiciary, for celebrating a marriage clandestinely, on the 21st ot August 
 last ( 1749) ; the crime aggravated by the man's having another wite stm liv- 
 ing, and the pannel's falsifying his own name in the marriage- ines, which he 
 signed, Alexander Lyon, Minister. On return of the jury s verdict, Feb. 
 t2 
 
220 ANNALS OF THE ASSEMBLY. [1751. 
 
 fatal consequences, by innocent parties being drawn in 
 to intermarry with persons having- husbands or wives in 
 life, or to their own great prejudice and grief of their 
 parents on other accounts, that it is highly reasona- 
 ble for the Church to interpose ; — the Commission ap- 
 pointed an abstract of the laws now in force against such 
 marriages to be printed, and published from the pulpit by 
 all the ministers of the Church, on or before the last Sab- 
 bath of March, 1752 ; and enjoined the several Presby- 
 teries and ministers to procure those laws to be put to 
 execution, not only by insisting for the fines, of which one 
 moiety goes to the poor of the parish, but also for inflict- 
 ing the other penalties ; and to report their diligence to 
 next Assembly. 
 
 The following is the abstract that was circulated : — 
 " By these laws it is, inter alia, enacted. That who- 
 ever marries in an inorderly way, shall be imprisoned for 
 three months, and, besides, shall pay, noblemen £1000, 
 gentlemen and burgesses £500, and every other person 
 100 merks, and remain in prison till they pay, the fine to 
 be applied to pious uses in the parish ; that the celebrator 
 shall be banished, not to return under the pain of death ; 
 that none of the parties, where both reside in Scotland, 
 get themselves married in England without proclamation 
 
 6. 1730, 6nding the pannel guilty of the crimes libelled, the court sentenced 
 him to be banished Scotland from and after the 1st of March next, never 
 to return on pain of death, and dismissed him from the bar." 
 
 Not loDo^ liefore the meeting of the Commission there had occurred the 
 trial of "Thomas Gray and James Syme, merchants in Edinburgh, and 
 Christian Duncan, milliner or raantua-maker there, accused of having ac- 
 complished, by force and violence, a marriage between the said Thomas Gray 
 and Jacobina Moir, only child and heir of the deceased James Moir of Earns- 
 law, the seducing her from her mother's house at Canonmills, first to Leith, 
 and then to Musselburiih-sands — and causing the ceremony of marriage be 
 peiformed in a hackney-coach on these Sand«, without her consent and 
 against her will ; afterwards compelling her to sign a certificate of this forced 
 marriage in a public-house at Jock's Lodge, &c." I\Ir. Thomas Brown, /a^t 
 minister of Kinettks, but deposed for irregularities, who assumed the name 
 of William Jamieson, and celebrated the marriage, was also tried along with 
 them. Gray, Duncan, and Brown, weie sentenced to fourteen years Irana- 
 poitation ; Syme to a fine of 500 merks, and three months imprisonment. As 
 there was no positive statute-law in Scotland relative to the crime of abduc- 
 tion, the public prosecutor founded on the Roman law, the practice of Eng- 
 land, France, and other countries, and the divine laiv, as contained in Exod. 
 xxi. 16, Deut. xxiv. 7, ("■ He that steahth a man and selleth him"Sfc.J 
 " which texts," he alledged, " are understood by lawyers and divines to 
 comprehend the present case." — It fared worse with Robert Macgregor, son 
 of Rob Roy, who was capitally convicted of a similar oflFence, two years 
 after, and was executed oq the 6th Feb. 1754. 
 
1751.] LAWS AGAINST IRREGULAR MARRIAGES. 221 
 
 of banns in Scotland, under a penalty of £1000 a noble- 
 man, 1000 merks a landed man, £500 a burgess, 500 
 marks each other substantial person, £100 a yeoman, and 
 100 merks each inferior person, half to the King, and half 
 to the parish ; that the King's Advocate, or the procura- 
 tor for the Church, pursue contraveeners ; and that such 
 as are unable to pay, be punished with stocks and irons ; 
 and all without prejudice of the kirk-censures. Act 34, 
 1661. — That persons irregularly married shall, when re- 
 quired, declare who celebrated their marriage, and who 
 were witnesses, on pain, in case of refusal, of £2000 a 
 nobleman, 2000 merks a baron or landed gentleman, £1000 
 a gentleman or burgess, and 200 merks every other per- 
 son, and of imprisonment till they so declare, and till they 
 pay the penalties respectively above-mentioned ; that such 
 witnesses shall be liable in £100 each ; that all these pen- 
 alties shall be applied to pious uses witliin the parish ; and 
 that the celebrator may be summarily seized by any magis- 
 trate or justice of the peace. Act 6, 1698. — That execu- 
 tion may proceed, on the Acts against irregular marriages, 
 at the instance of the parties concerned, or of the procu- 
 rators-fiscal of the jurisdictions where they shall be ques- 
 tioned. Act 12, 1695. — That whoever marries two wives, 
 or two husbands, shall be subjected to the pains of perjury, 
 by confiscation of all their moveable goods, imprisoned for 
 a year and day, and, as infamous persons, never be able 
 to bruik oflfice, honour, dignity, or benefice, in time to 
 come. Act 19, 1551. — And it is observed, that if such per- 
 sons continue wilfully to cohabit together, they are sub- 
 jected, amongst others, to the pain of death, as notorious 
 adulterers,* by Act 105, 1581, which enacts. That it shall 
 be judged, in law, notour adultery worthy of the pain of 
 death, where bairns are procreate ; or the adulterers keep 
 
 * There are instances of trials for adultery, in the Scottish criminal courts, 
 down to a connparatively recent period. At the Stirling Circuit Court in Sep- 
 tember, 1752, William Douglas and Janet Maclaten were tried for adultery, 
 and found guilty, but the guilt of the latter more highly aggravated than that 
 of the former. The woman was sentenced to be whipped, and banished to 
 the plantations for life, and the man to be banished Scotland for three years. 
 At the Inverness Circuit Court, in May, 1766, Mr. IFiUiam Nisbet, minis- 
 ter of Firth and Stenness in Orkney, being found guilty of adultery, was sen- 
 tenced to two months impiisonment (to be fed on bread and water), and 
 then to be transported for life. The state of morals and discipline in Orkney 
 at that period may be judged of from the fact, that when a complaint had been 
 brought against him before the Synod in 1764, they thought it enough to 
 *» appoint him to remove the woman in four months." 
 T 3 
 
222 ANNALS OF THE ASSEMBLY. [1751. 
 
 company and bed together, notoriously know u ; or when 
 suspected and duly admonished, they refuse to satisfy the 
 kirk by repentance or purgation, and are excommunicate 
 for their obstinacy, — each of which three degrees of adul- 
 tery subject the persons guilty to the pain of death." 
 
 It was at this meeting that the Settlement of Inverkeith- 
 ing (wdiich ultimately laid the foundation of " the Relief") 
 began to assume a serious aspect. 
 
 Mr. Andrew Richardson, minister of Broughton, in 
 Peebleshire, had been presented by Captain Philip An- 
 struther to the parish of Inverkeithing, which became va- 
 cant by the death of Mr. Allan Buchanan, on the 8th 
 March, 1749 ; and in the month of October of that year 
 certain heritors, elders, magistrates, and town-councillors, 
 joined in a call to him, which after some litigation was 
 sustained, without a vote, by the Commission of the As- 
 sembly, on the 23d May, 1750 (see p. 182). Some diffi- 
 culties and delay took place in obtaining his transportation 
 from Broughton, by the Presbytery of Biggar, but this was 
 at length effected (in consequence of a judgment of the 
 Synod of Lothian and Tweeddale, substantially affirmed 
 by the Commission of the Assembly,) on the 30th of 
 May, 1751. 
 
 On the 5th of June, the promoters of Mr. Richardson's 
 settlement appeared at the Presbytery of Dumfermline, 
 and laying before them the act of transportation, craved 
 the appointment of a day for his admission. The sequel 
 we give in the words of the minutes of Presbytery, which 
 will be found at length in the Appendix to the Commons* 
 Report on Patronage, p. 61. "As some of the gentlemen 
 who appeared in support of the petition represented that 
 they have good reason to believe some in the parish are 
 disposed to signify their willingness to submit to xMr 
 Richardson's ministry, when he shall be settled among 
 them, the Presbytery, Avithout a vote, agreed to delay 
 giving any judgment in the case at present, and in the 
 meantime to appoint Mr Stark at Torryburn, Steedman, 
 Thomson and Spence, or any two of them, as a commit- 
 tee, to meet with the elders and town councillors of the 
 parish and burgh of Inverkeithing, in the house of Messrs. 
 Roxburgh there, on Wednesday next, at eleven of the 
 dock forenoon, in order to receive documents of such 
 
1751.] CASE OF IXVERKEITHING. 223 
 
 willing-ness to submit to Mr Richardson's ministry, and 
 to converse with the elders and town council for promot- 
 ing" peace and harmony in the present case ; also to learn 
 from the elders the sentiments of the congregation, and 
 report to next meeting." 
 
 The Report was as follows : — '' Inverkeithing, June 
 12th, 1751. Mr. Robert Stark, minister at Torryburn, 
 and Mr James Thomson, minister at Dumfermhne, met 
 in consequence of the Presbytery's appointment, and 
 the appointment itself for that purpose was read. — 
 The following elders first waited upon them; Henry 
 Arnot, Henry Brown, Andrew Turnbul, George Dun- 
 das, James Gibson, John Barron, David Currie. Those 
 present represented that the two Charles Greigs and 
 Edward Brown are all from home upon voyages at sea. 
 The committee reasoned with those present for some 
 time, after which they asked their sentiments with re- 
 spect to their clearness and willingness to submit to the 
 ministry of Mr Richardson, when he shall be settled 
 among them. James Brown answered, th?it, for anything 
 he knew or thinks at present, he cannot submit. David 
 Currie answered, that he could never yet get the length as 
 to see it his duty to submit. John Barron answered, 
 that after considering a great deal on the subject, he can- 
 not at present think he will submit. James Gibson an- 
 swered, that he is not at present minded to submit. 
 George Dundas ansv\'ered, that at present he has no light 
 to submit, Andrew Turnbul answered, that he is willing 
 to submit. Henry Brown answered, that at present he 
 has no light to submit. Henry Arnot answered, that he 
 cannot submit till the Lord give him further light. Then 
 the committee asked them severally if they had conversed 
 with the people of their different quarters since the ap- 
 pointment of the Presbytery at their last meeting. All 
 of them, except George Dundas and Andrew Turnbul, 
 answered that they had not. As to George Dundas, he 
 said he had conversed with a good many, and they aU ex- 
 pressed themselves to be of the same sentiments as for- 
 merly. Andrew Turnbul said he had conversed with se- 
 veral, all of whom signified their willingness to submit. 
 This, having twelve words ehded in different places, is 
 signed in presence of the said elders, by (signed) Robt. 
 Stark, James Thomson. 
 
224 ANNALS OF THE ASSEMBLY. [1751 
 
 Afterwards the whole town council waited upon the 
 committee, except iVIr John Cant, Mr. John Cunningham 
 of Balboug-ie, .John Kirkaldie, present dean of guild, 
 James Taylor, Couper, and Charles Hodge, deacon of the 
 Baxters, as also Charles Greig and Andrew Roxburgh, 
 who were from home on a voyage at sea. The committee 
 reasoned for some time with them : then they asked at all 
 those who had not formerly declared for Mr Richardson 
 to be minister at Inverkeithing, whether they are now 
 willing to submit to his ministry when he shall be settled 
 among them. They all declared themselves as follows ; 
 viz. George Kellock, deacon of the weavers, w^ho said he 
 is wilhng to submit ; Adam Deas, deacon of the tailors, 
 who said he is not at present determined whether he luill 
 submit or not; and Robert Kellock, weaver, who said he 
 does not know whether he will hear him or not, but he is 
 sure it will be a good time before he hear him ; and 
 Andrew Small, deacon of the shoemakers, who said he 
 will not hear him, imless he get other light than what he 
 has yet got ; and Robert Brown, brewer, one of the pre- 
 sent bailies, who said he is not at present determined whe- 
 ther he will submit or not ; and John Anderson, who said 
 the same ; also, William Thomson, watchman. Bailie 
 Robert Brown, shipmaster, William Hochhart, deacon 
 of the hammermen, David Rankin, salt officer, and Trea- 
 surer Chapman, all declared themselves unwilling to sub- 
 mit. This, having six words elided, and sixteen words 
 interlined, is subscribed in presence of all the magistrates 
 and town councillors, except David Rankin, (signed) by 
 Robert Stark, James Thomson." 
 
 At the meeting of Presbytery (31st July) at which this 
 Report was given in, Mr. Wm. Walker, town-clerk of 
 the burgh, and Mr. Richardson's agent, presented a paper 
 signed by 22 heads of families, signifying their willingness 
 to submit to Mr. Richardson's ministry. — '< The Presby- 
 tery, after reasoning, found that their admitting Mr. 
 Richardson as minister of Inverkeithing, in the present 
 circumstances of that parish, would be of hurtful conse- 
 quence to the interests of religion within their bounds, 
 and that the matter is attended with such difficulties as 
 they cannot get over ; and therefore they resolved hum- 
 bly to request the very reverend the Commission of the 
 General Assembly to take such methods for their rehef 
 
1751.] CASE OP INVERKEITHING. 225 
 
 as to them in their great wisdom shall seem meet. Upon 
 this, Mr. James Thomson craved it might be marked that 
 he has not the same view of the case with the Presbytery, 
 and therefore cannot join in such a request to the Com- 
 mission of the Assembly; to which Mr James Bathgate 
 declared his adherence. Mr Listen craved that it might 
 be marked that lie would fain hope the admission of Mr. 
 Richardson to he minister at Inverheithing would not be 
 attended loith such had consequences as mentioned in the 
 Preshyterys resolution.'' 
 
 The matter went by appeal to the Synod of Fife, who, 
 on the 26tli September, after long reasoning, agreed, by 
 a large majority, to signify their dissatisfaction with the 
 Presbytery, for not obeying the orders of the Commission 
 in May 1750, and appointed them forthwith to proceed to 
 Mr. Richardson's admission. 
 
 When the Presbytery next met (16th Oct.), and were 
 called upon to give effect to this sentence, " after they 
 had reasoned long upon the matter, Mr Thomson pro- 
 posed that a vote should be put, ' Ohey the sentence of 
 the Commission of the General Assembly and of the 
 Synod of Fife, as to the admission of Mr Andrew Rich- 
 ardson to be minister at Inverkeithing, or Not,^ in which 
 proposal he was supported by Mr Bathgate ; others pro- 
 posed that the state of the vote should be ' delay, and 
 represent to the Commission of the General Assembly their 
 reasons for so doing, or 7iot.^ As neither side chose to 
 pass from the proposals they had made, the question was 
 put, whether the first or second of these two states of the 
 vote should be put ; the rolls being called and votes 
 marked, it carried by a great majority : '* the second,^' upon 
 which Mr Thomson craved to be marked his dissent from 
 this determination as being upon the matter a refusing to 
 obey the said sentences, which, in his opinion, is destruc- 
 tive of all government, contrary to the subordination of 
 judicatures established in the Church of Scotland, and 
 tending to distract the minds of private christians, and 
 disturb the peace of the country side ; to this dissent Mr 
 Bathgate declared his adherence. Tlien the second state 
 of the vote before mentioned was put, and it carried de- 
 lay and represent. Accordingly the Presbytery agreed 
 to represent as follow, viz. that it gives them extreme 
 concern that they should be straitened to obtemperate the 
 
226 ANNALS OF THE ASSEMBLY. [1751. 
 
 appointment of the Venerable Commission of the Assem- 
 bly and Synod, which they would judge their indispensa- 
 ble duty not to shift when they had freedom of mind to 
 execute, but that such are the difficulties which lie in their 
 way, and such the consequences, that in their view would 
 follow thereupon, affecting not only the interests of re- 
 ligion in that coraer, but also more extensively that they 
 rather choose to represent this their strait to the Venera- 
 ble Commission, and to submit to their displeasure than to 
 proceed in such an embarrassing situation." 
 
 It was at tliis stage that the cause came by appeal* and 
 dissent before the present meeting of the Commission, 
 who took it up on the 14th November, and gave judgment 
 as follows : — " Parties were called, and compeared for the 
 patron and other callers of Mr Richardson, Messrs. Archi- 
 bald Murray and Gilbert Elliot, advocates, and for the 
 Presbytery of Dumfermline, compeared Messrs. David 
 Hunter and John Spence, ministers, members thereof, 
 to defend their conduct. Parties being fully heard, and 
 Mr. James Thomson, who dissented from the sentence of 
 the Presbytery, being also heard, they were removed. 
 The Commission having fully reasoned upon this affair, it 
 was proposed to come to the following resolution : viz. to 
 appoint the Presbytery of Dumfermline to admit Mr. 
 Andrew Richardson as minister at Inverkeithing on a 
 certain day, and the moderator of the Presbytery to 
 preach and preside at the admission, with certification. 
 But several of the Commission being against this, and 
 particularly the appointing the moderator of that Presby- 
 tery, viz. Mr. John Spence, to preside at the admission, 
 in respect of his special situation, being settled at Orwell, 
 where a seceding minister was deposed, it was agreed to 
 put the question, ^Approve of the said proposal or not;' 
 and the roll being called, and votes marked, it carried ap- 
 prove. And therefore the Commission did and hereby 
 do appoint the Presbytery of Dumfermline, to admit the 
 said Mr Andrew Richardson as minister at Inverkeithing 
 on the third Wednesday of January next, and the pre- 
 sent moderator of that Presbytery to preach and preside 
 at his admission ; and in case he shall be necessarily ab- 
 sent through sickness, or otherwise, the Presbytery are 
 
 * The Reasons of Appeal, and the Presbytery's Answers, will be found 
 io the Patronage Report, Append, p. 64, 
 
1752.1 CASE OF INVERKEITHING. 227 
 
 hereby enjoined to name another to do it, with certifica- 
 tion that the Commission will at their meeting in March 
 next proceed against them to very high censure in case of 
 their disobedience. Parties being called in, the above 
 sentence was intimated to them ; whereupon Mr. Archi- 
 bald Murray, in name of his constituents, took instruments 
 in the clerks hands. But Mr. David Hunter and Mr. 
 John Spence protested for liberty to complain of the 
 above sentence of the Commission to the ensuing Gene- 
 ral Assembly, and thereupon took instruments; and the 
 following members entered their dissent therefrom, and 
 also took instruments, viz. Messrs. James Robe, John 
 Currie, John Adams, George Lindsay, James Stirlmg, 
 Robert Bryce, James Smith, James Miln, and David 
 Connell, ministers." 
 
 1752. 
 
 COMMISSION MEETING IN MARCH. 
 
 This meeting was rendered memorable in the annals of 
 the Churcb, by the two parties (who began to be distin- 
 guished by the names of moderate and popular) commg 
 into more direct and violent collision than ever, m refer- 
 ence to the question—" How ftir are the members of in- 
 ferior judicatories bound to give eifect to the sentences of 
 superior courts, in opposition to the dictates of their own 
 private judgment and conscience ?" 
 
 This question arose out of the Inverkeithing case, the 
 details of which, subsequently to the meeting of the Com- 
 mission in November 1751, we here resume :— 
 
 The Presbytery met on the 18th December, when the 
 patron's agent produced an extract of the judgment of the 
 Commission, and called on the Presbytery to comply with 
 its injunction.— The following was agreed upon as the 
 Presbytery's answer to this requisition (Messrs. Thomson 
 and Bathgate dissenting):—" After long reasoning, it ap- 
 peared that the whole Presbytery except two were strait- 
 ened to proceed in terms of Mr. Walker's demand. At 
 the same time, the members went on different principles ; 
 
228 ANNALS OF THE ASSEMBLY. [1752. 
 
 some, though straitened themselves to execute the appoint- 
 ment of the Commission, declared they would lay no bar 
 in the way of their brethren who had clearness to proceed ; 
 others chose to say they were not clear to proceed to the 
 settlement as matters stood at present. One declared it 
 as his sentiment, that he could not actively concur in ad- 
 mitting Mr. Richardson minister at Inverkeithing in the 
 present circumstances, and at the precise time fixed by 
 the Commission." 
 
 From this judgment, the agent for the patron appealed* 
 " to the Commission of the Church to meet in March, or 
 to the General Assembly, whichever of them may first 
 happen to meet." 
 
 The Presbytery had another meeting on the 19th Feb. 
 1752, when they came to the following resolution, viz. : 
 " It being probable that the affairs relating to the settle- 
 ment of Inverkeithing, in which this Presbytery is inter- 
 ested, will be before the Commission of the General As- 
 sembly at their next meeting, therefore the Presbytery 
 adjourned to the British Coffee-house at Edinburgh, to 
 meet there at 10 o'clock forenoon, on the second Wed- 
 nesday of March next, being the day on which the Com- 
 mission is appointed to meet." They accordingly met on 
 that day ; and " having read their sentence, passed on the 
 ISth day of December, relating to the affairs of Inver- 
 keithing, and apprehending that that part of it, viz. < that 
 the members went upon different principles,' may appear 
 not so clear to the Venerable Commission, tiiey authorised 
 their Moderator to inform the Commission that what they 
 intended by that expression was, that the different mem- 
 bers not agreeing to explain their strait in the same form 
 or manner of expression, chose to have it there declared in 
 their own words, as the after-part of the sentence shows." 
 
 The Commission met on the 11th of March, when a 
 petition was presented in name of the patron and others, 
 callers of Mr. Richardson, complaining of the Presbytery 
 for not executing the sentence of the November Commis- 
 sion, and craving that they might be censured, and Mr. 
 
 Richardson's settlement made effectual. 
 
 : ^ 
 
 * His new reasons ot appeal (which are substantially the same as before) 
 are in the Appendix to the Patronage Report, p. 68. In the same document 
 at p. 67, the reader will find a paper given in to the Presbytery by Mr. 
 Stark of Kinross, who endeavoured to steer a middle course between the two 
 parties. 
 
1752 ] CASE OF INVERKEITHING. 229 
 
 The members of the Presbytery, with all humility and 
 submission, o^yned before the Commission, " That the 
 authority of the supreme court, once interposed in the de- 
 cision of any settlement, takes away the right of inferiors 
 to oppose it. But allowing- that, in some cases, the orders 
 of superiors might be innocently executed by those who 
 cannot approve of them, would it be said that they might 
 do this in all cases? and that it is absolutely necessary for 
 the preservation of the constitution, to force this rule 
 into universal practice, That inferiors must execute the 
 appointments of their superiors, in whatever light they 
 appeared to them, of right or wrong, of sin or duty ? 
 Withal they acknowledged, it would bean unaccountable 
 perverseness of spirit in them, to incur the displeasure of 
 their superiors, by disobeying their orders, without neces- 
 sity. But what conduct of theirs had ever given occasion 
 once to suspect them of such a strong cast of mind ? They 
 heartily wished they could view all tlie decisions of their 
 superiors in such a light, as that they could be themselves 
 the active executors of their appointments. In the pre- 
 sent case they had seriously weighed the matter ; and 
 after doing so, they might be allowed some capacity of 
 judging, so far as concerned their own actions, what might 
 be the most likely methods of preserving or destroying 
 peace, and promoting or marring the success of the gospel 
 in their own bounds. And if they had not been persuaded, 
 upon deliberate thought, that their complying with the 
 injuction of the last Commission would do more hurt than 
 good, they would not have so much as lingered in the exe- 
 cution of the appointment : and in saying so, they hoped 
 they had the same right with other men of character 
 for common honesty, to be believed sincere. They plainly 
 saw, that the most likely consequence of their having an 
 active hand in that settlement, would be the marring of 
 their success and usefulness in their ministry ; and so 
 would turn to the hurt of the people committed to their care 
 in their most important concerns : and they could not think 
 of knowingly having an active hand in such unhappy conse- 
 quences. Nor was it easy for them to support themselves 
 with this reflection, That they had acted in obedience to 
 their superiors ; and that it was properly the deed of their 
 superiors not theirs : they could not feel great weight in 
 such a distinction, to determine their conduct." 
 
230 ANNALS OF THE ASSEMBLY. [1752. 
 
 The Commission agreed nem. con, that they had power 
 at this meeting, to carry the sentence for Mr. Richardson's 
 settlement into execution, and to judge of the conduct of 
 the Presbytery, and then adjourned. At the afternoon 
 sederunt, a motion was made, to refer the whole affair 
 to the ensuing A ssembly. This was contended to be in- 
 consistent with the proceedings above recited which had 
 taken place in the forenoon. The question was, however, 
 put, liefer or Not and it carried, Not. It was then resolv- 
 ed to determine with respect both to the execution of the 
 sentence, and the conduct of the Presbytery. They 
 began with the latter ; and, after reasoning, the question 
 was put. Whether considering the whole affair, particu- 
 larly the defences offered for the Presbytery at the bar 
 viva voce, and in their answers to the complainers reasons 
 of appeal* the Presbytery should be censured or Not? 
 and by a small majority it carried Not, Messrs. William 
 Robertson, John Home, John Jardine, Hugh Blair, 
 Matthew Reid, Peter Simson, Abraham Hume, minis- 
 ters, and the Master of Ross, the Lord Provost of Edin- 
 burgh, Messrs Alexander M'Millan, Andrew Pringle, 
 Joseph Williamson, Robert Pringle, William Halawel, 
 and Dr. Whytt, ruling elders, craved leave to enter their 
 dissent from this judgment, and to complain of it to the 
 next Assembly, promising to give in their Reasons of Dis- 
 sent betwixt and the 20th of April. Then the Com- 
 mission, without a vote, appointed the Synod of Fife, at 
 their next ordinary meeting, to adjourn to Inverkeithing, 
 in order to Mr Richardson's settlement there, on any day 
 most convenient betwixt and the 1st of May, and to re- 
 port their proceedings to the next Assembly. Next day 
 Mr Geo. Logan of Ormiston, and Dr Martin, ruling elder, 
 adhered to the dissent ; and the Commission appointed 
 Mr Jas. Mackie, Moderator, Principal Wishart, Messrs 
 John Adams, Laurence Hill, George Lindsay, Robert 
 Walker, and Alexander Steadman, ministers, and Mr 
 Albert Munro, ruling elder, a committee to draw up An- 
 swers to the Reasons of Dissent. 
 
 A#the Reasons of Dissent from this judgment of the 
 Commission, and the Answers to those reasons, are the 
 
 * These will be found substaotially embodied in the second document that 
 follows. 
 
1752.] MANIFESTO OF THE MODERATE PARTY. 231 
 
 most authentic documents extant, of the general principles 
 of the two great parties into which the Church became 
 divided, and were drawn up by the leading men on both 
 sides, we shall here present them entire. 
 
 The <' Reasons of Dissent" may be described as the 
 Manifesto of the Moderate Party-^oi which Dr Robert- 
 son, (who was at this period Minister of Gladsmuir), 
 afterwards became the acknowledged head. " This pa- 
 per" — says Principal Hill,* <' though evidently a hasty 
 composition, bears, in various passages, the marks of Dr. 
 Robertson's hand." 
 
 Reasons of Dissent from the judgment and resolution of 
 the Commission, March 11, 1752, resolving to inflict no 
 censure on the Presbytery of Dunfermline for their 
 disobedience in relation to the settlement of Inverkeithing. 
 
 1. Because we conceive this sentence of the Commission 
 to be inconsistent with the nature and first principles of 
 society. VYhen men are considered as individuals, we 
 acknowledge that they have no guide but their own un- 
 derstanding, and no judge but their own conscience. But 
 we hold it for an undeniable principle, that as members 
 of society, they are bound in many cases to follow the 
 judgment of the society. By joining together in society, 
 we enjoy many advantages, which we could neither pur- 
 chase nor secure in a disunited state. In consideration of 
 these, we consent that regulations for public order shall 
 be established ; not by the private fancy of every indivi- 
 dual, but by the judgment of the majority, or of those 
 with whom the society has consented to intrust the legis- 
 lative power. Their judgment must necessarily be abso- 
 lute and final, and their decisions received as the voice 
 and injunction of the whole. In a numerous society it 
 seldom happens that all the members think uniformly 
 concerning the wisdom and expedience of any public re- 
 gulation : but no sooner is that regulation enacted, than 
 
 * In that portion of StewarVs Life of Robertson, which relates to 
 Church-politics (p. 158—176), which was drawn iip by Dr Hill, and com- 
 municated to INIr Stewart, after being revised and approved by three of 
 Dr. Robertson's most confidential friends — Drs Blair, Cariyle, and Grieve. 
 Dr Hill repeatedly refers to the above paper, as embodying the great prin- 
 ciples of ecclesiastical polity professed by theparty in the leadership of which 
 he succeeded Dr Robettsoo. 
 
 u2 
 
232 ANNALS OF THE ASSEMBLY. [1752. 
 
 private judgment is so far superseded, that even tliey who 
 disapprove it, are notwithstanding bound to obey it, and 
 to put it in execution, if required ; unless in a case of 
 such gross iniquity and manifest violation of the original 
 design of the society, as justifies resistance to the su- 
 preme power, and makes it better to have the society dis- 
 solved, than to submit to established iniquity. Such ex- 
 traordinary cases we can easily conceive there may be, as 
 will give any man a just title to seek the dissolution of 
 the society to which he belongs, or at least will fully jus- 
 tify his withdrawing from it. But as long as he con- 
 tinues in it, professes regard for it, and reaps the emolu- 
 ments of it, if he refuses to obey its laws, he mani- 
 festly acts both a disorderly and dishonest part : he 
 lays claim to the privileges of the society, whilst he 
 contemns the authority of it ; and by all principles of 
 reason and equity is justly subjected to its censures. They 
 who maintain that such disobedience deserves no censure, 
 maintain in effect, that there should be no such thing as 
 government and order. They deny those first principles 
 by which men are united in society ; and endeavour to 
 establish such maxims, as will justify not only licentious- 
 ness in ecclesiastical, but disorder and rebellion in civil 
 government. And therefore, as the Reverend Commis- 
 sion have by this sentence declared, that disobedience to 
 the supreme judicature of the Church, neither infers 
 guilt, nor deserves censure ; as they have surrendered a 
 right essential to the nature and subsistence of every so- 
 ciety ; as they have (so far as lay in them) betrayed the 
 privileges, and deserted the order of the constitution ; we 
 could not have acted a dutiful part to the Church, nor a 
 safe one to ourselves, unless we had dissented from this 
 sentence ; and craved liberty to represent to the Venera- 
 ble Asembly, that this deed appears to us to be manifest- 
 ly beyond the powers of a Commission. 
 
 2. Because this sentence of the Commission, as it is 
 subversive of society in general, so, in our judgments, it 
 is absolutely inconsistent with the nature and preser- 
 vation of ecclesiastical society iu particular. — The cha- 
 racters which we bear, of ministers and elders of this 
 Church, render it unnecessary for us to declare, that we 
 join with all Protestants, in acknowledging the Lord Jesus 
 Christ to be the only King and Head of his Church^ 
 
1752.] MANIFESTO OF THE MODERATE PARTY. 233 
 
 We admit, that the Church is not merely a voluntary so- 
 ciety, but a society founded by the laws of Christ. But 
 to his laws we conceive it to be most agreeable, that or- 
 der should be preserved in the external administration 
 of the affairs of the Church. And we contend, in the 
 words of our Confession of Faith (ch. 1. § 6.), " That 
 there are some circumstances concerning the worship of 
 God, and the government of the Church, common to hu- 
 man actions and societies, which are to be ordered by the 
 light of nature and Christian prudence, according to the 
 general rules of the word, which are always to be observ- 
 ed." It is very evident, that unless the Church were sup- 
 ported by continual miracles, and a perpetual and extra- 
 ordinary interposition of Heaven, it can only subsist by 
 those fundamental maxims by which all society subsists. 
 A kingdom divided against itself cannot stand. There 
 can be no union, and, by consequence, there can be no 
 society where there is no subordination : and therefore, 
 since miracles are now ceased, we do conceive, that no 
 church or ecclesiastical society can exist, without obedi- 
 ence required from its members, and enforced by proper 
 sanctions. Accordingly, there never was any regularly- 
 constituted church in the Christian world, where there 
 was not at the same time some exercise of discipline and 
 authority. It has indeed been asserted,* " That the cen- 
 sures of the Church are never to be inflicted, but upon 
 open transgressors of the laws of Christ himself; and that 
 no man is to be constructed an open transgressor of the 
 laws of Christ, for not obeying the commands of any 
 assembly of fallible men, when he declares it was a con- 
 scientious regard to the will of Christ that led him to this 
 disobedience." This is called asserting liberty of consci- 
 ence, and supporting the rights of private judgment : and 
 upon such reasonings the Rev. Commission proceeded in 
 coming to that decision of which we now complain. But 
 we think ourselves called upon to say, and we say it with 
 concern, that such principles as these, appear to us calcu- 
 lated to establish the most extravagant maxims of Inde- 
 pendency, and to overthrow, from the very foundation, 
 that happy ecclesiastical constitution which we glory 
 in being members of, and which we are resolved to sup- 
 
 * The allusion is to the Reasons of Dissent in the Torphicben case last 
 year. See p. 210. 
 
 u 3 
 
234 ANNALS OF THE ASSEMBLY. [1752. 
 
 port. For upon these principles, no church whatever, 
 consisting-, as every church on earth must consist, of fal- 
 lihle men, has right to inflict any censure on any dis- 
 obedient person. Let such person only think fit, boldly 
 to use the name of conscience ; and, sheltered un- 
 der its authority, he acquires at once a right of doing 
 whatsoever is good in his own eyes. If anarchy and con- 
 fusion follow, as no doubt they will, there is, it seems, no 
 remedy. We are sorry to say, that brethren who pro- 
 fess to hold such principles, ought to have acted more 
 consistently with them, and not to have joined themselves 
 to any church, till once they had found out an assembly 
 of infallible men, to whose authority they would have ac- 
 knowledged submission to be due. We allow to the 
 right of private judgment all the extent and obligation 
 that reason or religion require ; but we can never admit, 
 that any man's private judgment gives him a right to dis- 
 turb, with impunity, all public order. We hold, that as 
 every man has a right to judge for himself in religious 
 matters, so every church, or society of Christians, has a 
 right to judge for itself, what method of external ad- 
 ministration is most agreeable to the laws of Christ : and 
 no man ought to become a member of that church, who 
 is not resolved to conform himself to its administration. 
 We think it very consistent with conscience, for inferiors 
 to disapprove in their own mind of a judgment given by 
 a superior court, and yet to put that judgment in execu- 
 tion, as the deed of their superiors, for conscience' sake; 
 seeing we humbly conceive it is, or ought to be a matter 
 of conscience with every member of the church, to sup- 
 port the authority of that church to which he belongs. 
 Church-censures are declared by our Confession of Faith 
 to be " necessary, not only for gaining and reclaiming the 
 oflFending brethren, but also for deterring of others from 
 the like offences, and for purging out the leaven which 
 might infect the whole lump," (ch. 30. § 3). What these 
 censures are, and what the crimes against which they are 
 directed, is easily to be learned from the constitution of 
 every church. And whoever believes its censures to be 
 too severe, or its known orders and laws to be in any 
 respect iniquous, so that in conscience he cannot comply 
 Avith them, ought to beware of involving himself in sin by 
 entering into it ; or if he hath rashly joined himself, he 
 
1752.] MANIFESTO OF THE MODERATE PARTY. 235 
 
 is bound, as an honest man, and a good Christian, to with- 
 draw, and to keep his conscience pure 'and undefiled. 
 
 But, on the other hand, if a judicature which is appointed 
 to be the guardian and defender of the laws and orders of 
 the society, shall absolve them who break these laws, 
 from all censure, and by such a deed encourage and 
 invite to future disobedience, we conceive it will be found, 
 that they have exceeded their powers, and betrayed their 
 trust in the most essential instance. 
 
 3. Because we conceive the sentence of the Commis- 
 sion to be not only inconsistent with church-government 
 in general, but in a particular manner inconsistent with 
 Presbyterian church-government, which we have acknow- 
 ledged to " be founded upon, and agreeable to the word 
 of God." The two capital articles by which Presbytery 
 is distinguished from every other ecclesiastical constitu- 
 tion, are the parity of its ministers, and the subordination 
 of its judicatures. By the one, the church is preserved 
 from exercising that lordship and dominion over our 
 brethren which is condemned by our Saviour, and which 
 is inconsistent with that liberty wherewith Christ hath 
 made us free*. By the other we guard against that an- 
 archy and confusion which is the unavoidable consequence 
 of the Independent system. Our Church therefore may 
 well boast, that her government is of all others the most 
 consistent with the natural freedom and equality of her 
 members, considered either as men or Christians. But 
 it is an undoubted maxim, That the more free any con- 
 stitution is, with the more exactness should its orders 
 and systems be preserved. As great liberty will always 
 encourage subjects to presume, so it should teach go- 
 vernors to watch with double vigilance. — Wherever there 
 is a subordination of courts, there is one that must be su- 
 preme : for subordination were in vain, if it did not ter- 
 minate in some last resort. We do not pretend to vest 
 any court with infallibility ; but we cannot help being 
 surprised, that any of our brethren should have been at a 
 loss to conceive this plain and obvious principle. That it 
 is essential to the very idea of a supreme judicature that 
 its decisions be absolute, and final. Such a supreme ju- 
 dicature by our constitution is the General Assembly of 
 
 * Luke xxii. 25. Gal. v. 1. 
 
236 ANNALS OF THE ASSEMBLY. [1732. 
 
 the Church : and therefore, if the decisions of the Gen- 
 eral Assembly may be disputed and disobeyed by inferior 
 courts with impunity, we apprehend the Presbyterian con- 
 stitution to be entirely overturned. There is no occasion 
 for this Church to meet in its General Assemblies any 
 more : our government is at an end ; it totters from the very 
 basis ; and we are exposed to the contempt and scorn of 
 the world, as a church without union, order, or discipline, 
 destitute of strength to support its own constitution, fall- 
 ing into ruins by the abuse of liberty. Our wiser ances- 
 tors took the proper steps to guard against such dangers. 
 They established solemn subscriptions and engagements 
 to bind the ministers of the Church to obedience and sub- 
 mission to its judicatures ; which engagements, as they 
 continue to this day, we heartily wish were more attend- 
 ed to and regarded. By the formula, which all ministers 
 subscribe at their ordination, they solemnly promise, 
 •' To assert, maintain, and defend, the doctrine worship, 
 discipline, and government of this Church, by Kirk-sessions, 
 Presbyteries, Provincial Synods, and General Assem- 
 blies ; in their practice to conform themselves to the said 
 worship, and to submit to the said discipline and govern- 
 ment ; and never to endeavour, directly or indirectly, the 
 prejudice and subversion of the same. They promise to 
 follow no divisive course from the present establishment 
 of this Church ; renouncing all tenets, doctrines, and opi- 
 nions whatever, contrary to, or inconsistent with the 
 said doctrine, worship, discipline, or government of the 
 Church." To the same purpose is the 3th article of the 
 engagements which ministers at their ordination come 
 under before the whole congregation. " You promise to 
 submit yourself willingly and humbly, in the spirit of 
 meekness, unto the admonitions of the brethren of this 
 Presbytery, and to be subject to them, and all other 
 Presbyteries and superior judicatures of this Church, 
 where God in his providence shall cast your lot ; and that, 
 according to your power, you shall maintain the unity 
 and peace of this Church against error and schism, not- 
 withstanding of whatsoever trouble or persecution may 
 arise ; and that you will follow no divisive courses from 
 the present established doctrine, worship, discipline, and 
 government of this Church." Such are the engagements 
 to obedience and submission which this Church lays upon 
 
1752.] MANIFESTO OF THE MODERATE PARTY. 237 
 
 her members. And these her general principles of sub- 
 ordination and obedience, she hath explained and asserted 
 in the strongest terms, so often as there was any appre- 
 hension of danger from licentious principles. About an 
 hundred years ago, the same anti-constitutional maxims 
 which were advanced to support the sentence of which 
 we complain, were brought into this kingdom, by English 
 sectaries, or by certain persons, who, living amongst 
 them, had imbibed their principles, and endeavoured to 
 import them into our Church. But to give a timely check 
 to their progress, the Assembly " appointed some 
 brethren to prepare articles and propositions for vindicat- 
 ing the truth, against the dangerous tenets of Erastianisra 
 and Independency, falsely called liberty of conscience." 
 And when these propositions were exhibited anno 1647, 
 they unanimously approved of this among others, *' That 
 the lesser and inferior ecclesiastical Assemblies ought to 
 be subordinate and subject unto the greater and superior 
 Assemblies." To this declaration, which we humbly con- 
 ceive is a decision in point, and to the whole spirit and 
 system of the Presbyterian government, this sentence of 
 the Commission is manifestly repugnant ; and therefore 
 we doubt not but the Venerable Assembly will justify 
 our dissent ; and will find that the Commission have ex- 
 ceeded their powers. 
 
 4. Because this sentence of the Commission, as it is in 
 our opinion contrary to the principles, so it is inconsistent 
 with the uniform practice and procedure of the Presby- 
 terian Church. Our judicatures have all along not only 
 asserted the general principles of subordination and obe- 
 dience, but have expressed a proper degree of displeasure, 
 when these principles were trampled upon. It were easy 
 to show, that in every period of the church, censures of 
 all kinds, from the lowest to the highest, have been 
 inflicted upon the undutiful and disobedient. We shall 
 only take notice of one instance, which will demonstrate, 
 with what a diiferent spirit, but how much more consis- 
 tently with Presbyterian principles, our ancestors exer- 
 cised discipline, in a case that falls under the same gen- 
 eral rules with the behaviour of the Presbytery of Dun- 
 fermline. The case is found in the unprinted acts of 
 Assembly 1646. Mr. James Morison being suspend- 
 ed by the Presbytery of Kirkwall, his immediate superi- 
 
238 ANNALS OF THE ASSEMBLY. [1752. 
 
 ors, did appeal to the General Assembly; and in the 
 mean time, notwithstanding his suspension, continued in 
 the exercise of his ministerial functions : for which the 
 Presbytery deposed him. Yet he, adhering to his ap- 
 peal, went on and preached. The matter coming before the 
 General Assembly, they find "that the Presbytery hath 
 not upon sufficient grounds suspended the said Mr. James 
 Morison." Notwithstanding their condemning the sen- 
 tence of the Presbytery, it is very remarkable that they 
 found at the same time, " That the said Mr. James was 
 contumacious, in that he did not give obedience to the Pres- 
 bytery in forbearing to preach during the time of his sus- 
 pension, as also in preaching after his deposition. They 
 therefore appointed the moderator to reprehend him sharp- 
 ly in the face of the Assembly for his contempt and dis- 
 obedience, and ordain him to humble himself before the 
 Presbytery, and acknowledge humbly his offence aforesaid, 
 and his sorrow for the same. And in the mean time repone 
 him again to the full exercise and benefit of his ministry." 
 At the same time they appointed the Presbytery of Kirk- 
 wall to be rebuked for their unjust suspension of Mr. Mori- 
 son. Yet they by no means condemn the sentence of depo- 
 sition, which the Presbytery had pronounced against him 
 for his disobedience to their sentence of suspension. The 
 whole of this procedure, as it is worthy of an Assembly 
 conveened in what is justly called the pure and reforming 
 age of our Church, so it appears to us to be warranted by 
 justice, agreeable to the general maxims of government, 
 and founded upon the essential principles of the Presby- 
 terian system. In that age our judicatures were peculiar- 
 ly attentive to the preservation of the order and subordi- 
 nation of the Church. The same torrent of licentious 
 principles, which in England had borne down before it all 
 ecclesiastical government, was ready to break in upon us. 
 Our Church saw, and dreaded its approach. She bewails 
 the increase of dangerous tenets, particularly of " Inde- 
 pendency, and that which is called (by abuse of the word) 
 liberty of conscience ; being indeed liberty of error, scan- 
 dal, schism, heresy, dishonouring God, opposing the truth, 
 hindering reformation, and seducing others*." As the 
 same errors seem to be again revived, as the dangerous 
 
 • Declaration to their brethren of England. Sess. 15. Ass. 1647. 
 
1752.] MANIFESTO OF THE MODERATE PARTY. 239 
 
 tenets of Independency spread fast, and have in all ap- 
 pearance infected some of our own members, we do humbly 
 conceive, that it would have become the Reverend Com- 
 mission, rather to have imitated the vigour of their fore- 
 fathers, in supporting the Presbyterian discipline and go- 
 vernment, than by this unprecedented sentence to have 
 given admittance, and promised impunity to the most un- 
 constitutional tenets and practices. 
 
 5. Because we conceive this sentence not only encour- 
 ages disobedience to the decisions, but will justify any 
 contradiction to the doctrines of the Church. — It belongs 
 to every ecclesiastical constitution, to have some common 
 standard, to which its members are required to conform, 
 in order to preserve purity of doctrine, and uniformity of 
 faith and worship. Accordingly, every minister and elder 
 of this Church is obliged to acknowledge and subscribe 
 our Confession of Faith ; and whoever hath at any time 
 publicly departed from or denied the form of sound words 
 therein contained, not only became liable unto, but actu- 
 ally felt the censures of the Church. But if the Church, 
 for the future, shall follow the precedent set them by the 
 Commission, and shall adopt the reasonings which were 
 used to impetrate the sentence complained of, the doctrine 
 of her standards may be deserted and contradicted with 
 the greatest impunity. If any minister of the Church 
 shall think proper to espouse and publish the most wild, 
 erroneous, and hurtful opinions, let him only declare, 
 " that it was a conscientious regard to the will of Christ 
 himself, according to the best of his understanding of it, 
 that led him into this opinion;" let him say, " that he is 
 persuaded his notions are agreeable to the will of the 
 Lord, of which every man has an unalienable right to 
 judge for himself, as he shall be answerable to the Lord ;" 
 and then (according to the declared principles of most of 
 the brethren who voted for this sentence) " no Assembly 
 of faUible men can encroach upon his rights, or stretch 
 their power so far as to inflict any censure."* 
 
 6. Because the Commission being a court of delegates, 
 to which no intrinsic power or jurisdiction belongs, upon 
 inspecting the powers and instructions given them by the 
 
 * These are also references to the Dissent in the ease of Torphichen at 
 p. 210. 
 
240 ANNALS OF THE ASSEMBLY. [1752. 
 
 last Assembly, it appears; that they have manifestly ex- 
 ceeded them in the most important articles. They are 
 instructed, " to advert to the interest of the Church on 
 every occasion, that the Church and present establishment 
 thereof do not suffer, or sustain any prejudice ;" and are 
 required, '' 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 
 this sentence, we are persuaded, will appear at first sight, 
 and without recapitulating our former reasonings, to be 
 contradictory to the acts, dangerous to the constitution, 
 and subversive of thepresent establishment of this Church. 
 By the same instructions it is also provided, " that what 
 shall be determined at one diet of the Commission, shall 
 be unalterable by any other diet thereof, but shall stand 
 and continue in force, till disapproven of by the General 
 Assembly." This appointment, so reasonable in itself, 
 and so necessary for preserving a consistency in the de- 
 cisions of our judicatures, the Commission, as we con- 
 ceive, have most notoriously transgressed. The same 
 Commission, at their meeting in November last, " ap- 
 pointed the Presbytery of Dunfermline to admit Mr. 
 Richardson as minister of Inverkeithing on the third 
 Wednesday of January, and their present moderator to 
 preach and preside at the admission ; with certification, 
 that the Commission, at their meeting in March next, 
 will proceed to very high censure in case of disobedience." 
 The Presbytery, it is to be observed, were fully heard at 
 that time, in defence of their former disobedience ; their 
 reasons were found insufficient, and the sentence given. 
 In March they again appeared ; they were still disobedi- 
 ent ; and though their guilt was highly aggravated, and 
 their defences contained nothing, but what had been for- 
 merly heard, and over-ruled ; yet the Commission, by a 
 small majority, gave the decision of which we complain. 
 They reversed a sentence, Avhich, in reason, and accord- 
 ing to the instructions of last Assembly, ought to have 
 continued unalterable, till it was disapproved by the su- 
 preme judicature of this Church ; and which therefore we 
 contend is in itself, to all intents and purposes, void and 
 null. 
 
 7. Because we apprehend the Commission to have ex- 
 ceeded their powers, in regard that by this sentence they 
 
1752] MANIFESTO OF THE MODERATE PARTY. 241 
 
 directly condemn the decision of that court, from which 
 they derive their jurisdiction, in a parallel case. A dis- 
 obedient Presbytery* appeared at the bar of the last As- 
 sembly, to answer for the neglect of their duty. Their 
 defences were offered at great length, and yet that court 
 found them censurable. Though the lenity of the judges 
 mitigated the censure into a rebuke, yet it is w ell known, 
 that as some contended it was expedient, so most allowed it 
 was just and constitutional, that an higher censure should 
 have been inflicted. Notwithstanding which, in a cause 
 of the very same nature, where the guilt was as great, 
 the defences no stronger, and where the useful phrase of 
 the present circumstantiate case was more against, than in 
 favour of the delinquents ; the Commission have, by this 
 sentence, so far as in them lay, condemned the deed, re- 
 versed the decision, and poured contempt upon the ex- 
 ample and authority of the last Assembly. 
 
 8. Because we apprehend the circumstances of the 
 Presbytery of Dunfermline furnish no sort of plea for their 
 being exempted from censure. Had there been any thing 
 very singular in the case of Mr. Richardson's settlement, 
 some more plausible colouring might have been given to 
 their disobedience. But it is, in our apprehension, a plain 
 and incontestable case, and where there was no ground 
 for any difficulty to hav^e risen. — Besides a presentation 
 from the undoubted patron, which was duly accepted by 
 Mr. Richardson, there concurred at the moderation, or 
 have since acceded to his call, a considerable majority of 
 the legal voters, heritors, elders, and town-councillors ; 
 whose countenance must give great influence to their min- 
 ister, as they are the proprietors of the whole landed 
 interest of that large parish. Of the people a good many 
 have declared their willingness to submit to Mr. Richard- 
 son's ministry; and others are still in an opposition against 
 him ; for which they have hitherto given no reasons, as 
 they are bound to do by the laws of the Church ; yet by 
 far the greatest number have taken no side in the matter ; 
 and from their neutrality, we may well conclude, both in 
 reason, and from the experience of the Church in the like 
 cases, that they are willing to acquiesce in the decisions 
 of their superiors, and to join with Mr. Richardson as 
 
 * The Presbytery of Linlithgow. See page 208. 
 
242 ANNALS OF THE ASSEMBLY. [1752. 
 
 their minister, so soon as he shall be settled amongst 
 them. Now, in such a case as this, if Presbyteries assume 
 to themselves a right of superseding at pleasure the au- 
 thority of the General Assembly, enjoining a settlement 
 to be made effectual, no man can see an end of this con- 
 fusion. To pass over the Presbytery, whose immediate 
 duty it is, in obedience to their superiors, to admit a min- 
 ister to his charge, and to appoint others to do their 
 work, is, we cannot help thinking, a very poor remedy. 
 It discovers the weakness of the Church ; it introduces 
 the minister into his charge in the most unfavourable way 
 for his future usefulness ; and gives the wished-for oppor- 
 tunity to such as court popularity, to exalt their popula- 
 rity upon the ruins of general order. We cannot help 
 being surprised, that our brethren, whose consciences are 
 so tender in other points, should feel no remorse of con- 
 science, for giving such a blow to the authority of their 
 mother-church. We are willing to think charitably of 
 our brethren of the Presbytery of Dunfermline ; but with 
 whatever uprightness, with whatever disinterested regard 
 to conscience they may have acted in this matter, it is but 
 too evident, that as men cannot judge the heart, the very 
 same defences may be pleaded equally strong, for men 
 ■who hereafter shall act a similar part, from mere cowar- 
 dice, from the fear of being less followed by a crowd, or 
 from other sinister views. And therefore we conceive, 
 that in exempting the Presbytery of Dunfermline from all 
 censure for their disobedience, the Commission have acted 
 an unjustifiable part, and exceeded the powers of their 
 delegated jurisdiction." 
 
 Now follows what may be termed the Manifesto of the 
 Popular Party, although there was never perhaps the same 
 unity either of sentiment or action among them as among 
 their opponents. The persons by whom this paper was 
 drawn up have been already mentioned at p. 230. In a 
 pamphlet which appeared about the beginning of 1753, 
 entitled ^^ a just View of the Constitution of the Church of 
 Scotland,''* — and which was intended as a vindication of 
 
 * This is the pamphlet which Witherspoon says provoked him to publish 
 his " Ecclesiastical Characteristics ; or the Arcana of Church-Policy — being 
 an humble attempt to open up the Mystery of Moderation." He was espe- 
 cially iadigaant at the above and other charges biought against his friend 
 
1732.] MANIFESTO OF THE POPULAR PARTY. 243 
 
 the Moderate Parti/,— the writer says :— " It is well 
 enough known, that the Presbytery of Dimfermhne 
 were supported and countenanced in their disobedience 
 by some clergymen, who, for their public appearances of 
 one kind or another, have merited no great esteem of 
 the friends and well-wishers of the Church of Scotland. 
 The sentence of the Commission in March, finding the 
 Presbytery not censurable, which was the foundation of 
 all the mischief that followed, was manufactitred in a cer- 
 tain place and by certain hands, while others were em- 
 ployed as the dupes to propose and support it." We need 
 not attach much credit to the assertion of an anonymous 
 party-writer; yet in a matter so important as the Inver- 
 keithing settlement had now become, it is not unlikely 
 that the leading men on both sides took an active interest 
 in all the proceedings. Dr. Webster, of Edinburgh, 
 seems to have been the person against whom the above 
 accusation was chiefly aimed. 
 
 Answers to the Reasons of Dissent from the ^-^^^J^^^f ^/ 
 the Commission in the case of Inverkeithing, March 11, 
 1752; draivn up by the Committee appointed for that 
 purpose, and dated May 16. 
 
 In the introduction to the paper, the Committee re- 
 mark with concern, " that the Dissenters have so unhap- 
 pily degenerated from the mild spirit, and cautious mea- 
 sures, of some of the wisest of our predecessors. Who 
 does not know that these Reverend Fathers carefully 
 avoided bringing such cases upon the field, as that which 
 the Dissenters blame the Commission for sending ott in 
 the least hurtful manner ? Who, before the Dissenters, 
 ever contended that the mild exercise of acknowledged 
 authority, in a particular case, is destructive ot all go- 
 vernment, civil and ecclesiastic? No wonder, then, it, 
 after all,^nothing hath appeared under the name ot Kea- 
 sons of Dissent, but a paper wholly made up, either ot 
 loose and unguarded propositions ; or of such general 
 principles as nobody denies, quite misapphed in the pre- 
 sent case." 
 
 Webster. He says that common rumour ascribed the pamphlet to Dr. 
 H_n (Hyndman of the West Kirk ?) The " CharacterisUci^ appeared 
 Tt Glasgove in September 1753, and ten years after ^"^J" 'fj'fi of 
 Serious Apology for the Ecclesiastical Characteristics, by the real author ot 
 that performance." 
 
 X 2 i 
 
244 ANNALS OP THB- ASSEMBLY. [1752 
 
 They proceed to state that the Presbytery had been 
 called to the bar of the Commission in INIarch, to give their 
 reasons for not obeying the appointment of the Commis- 
 sion in November. " To what purpose, if these reasons 
 were not to come under the serious consideration of that 
 Commission? or were to have no weight with it, whatever 
 they should be?" They then give a summary of the Presby- 
 tery's defence, and add : — " After such a plea at their bar, 
 what did the Commission ? Considering the whole af- 
 fair, and particularly the foresaid defences, they resolved 
 to inflict no censure upon the said Presbytery upon ac- 
 count of their foresaid conduct." 
 
 " And this is the sentence against which such hideous 
 outcries are made by the Dissenters ; as inconsistent 
 with the nature and first principles of society ; absolutely 
 inconsistent with the nature and preservation of ecclesias- 
 tical society ; in a particular manner inconsistent with 
 Presbyterian church government, and with the uniform 
 practice and procedure of this Church. 
 
 But all this is advanced without any shadow of proof. 
 
 1. On the first head, they begin with a comparison, 
 betwixt the obligations upon men considered as individu- 
 als ; and when associated together, and under govern- 
 ment. In the whole of what they say upon this head, they 
 keep it quite out of view, that every man, w hether in a 
 separate or associated state, is under the absolute domin- 
 ion of God his creator, the lord of his spirit, and the su- 
 preme parent of human society ; whose authority is su- 
 preme, and paramount to all other. Withal, they discov- 
 er a particular shyness to come close to the precise state 
 of the question : which is not, " Whether men, as mem- 
 bers of society, ai'e bound, in many cases, to follow the 
 judgment of the society?" but, " Whether they are bound 
 to do so in all cases without exception ?" — nor, " AVhe- 
 ther the judgment of the legislative power must be final ?** 
 so as to be reversible only by themselves ; and that they 
 have a power of putting it in execution ; which they may 
 do, by laying their injunctions on such as do not think it 
 sinful to obey them : but, " Whether it must be abso- 
 lute T so as it must necessarily be obeyed without reserve : 
 as to which, we are perfectly clear to say, in the words 
 of our Confession of Faith, chap. 20. § 2. <' That the 
 requiring of an implicit fuith, and an absolute and blind 
 
1752.] MANIFESTO OF THE POPULAR PARTY. 245 
 
 obedience, is to destroy liberty of conscience, and reason 
 also" Neither is it the question, " If they who disap- 
 Hove a public regulation,- (if, by disapproving it, .s meant 
 anything less than thinking it sinful to obey it), "are, 
 ShsLding, bound to obey it ; and to put .t in exe- 
 cution, if required ?" but, "Whether they are bound to 
 "l. eJute it, who, on the most ^-;«»? deliberation, 
 think it sinful, and contrary to the will of God, the su- 
 preme Lord of all, to obey or exeeute it ? or if mfenors are 
 Tever to take that point into their serious consideration ; 
 bulblindly and implicitly to obey or execute the regula- 
 tion. without asking questions. 
 
 We shall not now insist upon it, that to assert such an 
 absolute unlimited authority in the supreme powers in 
 every society, and apply it to ecclesiastical government, 
 would be raising church-power to as high a p. ch of do- 
 Son as ever he pretended to, whom the Canon law 
 ~jZ^Z DeJnoster Papa ; but whom the Apost e 
 S characterises, as opposing and exaUrng ^^^nselfah^e 
 
 all that is called God or that - /-"^^^f ^.^^^ /f," 
 he as GOD sitteth in the temple of GOV, shewing nun 
 Zmathe is GOD. But we must here observe, that 
 S doctrine would carry the matter of obedience to the 
 supreme powers in civil society, much farther than the 
 Ses patrons of the most absolute passive obedience 
 Kou-resistance generally do ; who, at least allow peo- 
 1 this W choice%ither aofe./y, to obey «H commands 
 
 of the sovereign ; or passively, to submit to his will, and 
 to whatever punishments he may please to inflict for dis- 
 obeXnce. But to assert, that active obedience, in all 
 caserwWiout reserve, and without asking questions, is 
 to be paid to the supreme powers, even in civil society 
 s scarce to be paralleled, but by some expressions of 
 LTngwriters;|ndanActofthe^ari.^^^^^^^ 
 
 ■r'rlStal^oViXmTntdelre, "T^^^^^^^^ 
 Tre invested with absohUe authority ; and that they abhor 
 anddltest all principles and positions, which are contrary 
 and derogatory to the Kin^s sacred, .npveme absolute 
 Toter an^d authority ; and that they ho d themse ves ob- 
 Lred-to assure all his enemies,-that they are &lfyj?- 
 solved to give their entire obedience to his ^l^^%'"f- 
 o,> reserve." This Act, with many others of that Parha- 
 
 X 3 
 
246 ANNALS OF THE ASSEMBLY. [1752 
 
 ment, are rescinded in the first Parliament after the late 
 glorious revolution. But, agreeably to it, the famous Dr. 
 Parker* speaks out plainly, and without disguise or eva- 
 sion, what some now seem to aim at : " In cases and dis- 
 putes of public concernment, says he, private men are not 
 properly sui juris : they have no power over their otvn 
 actions: they are not to be directed by their own judg- 
 ments, or determined by their own wills ; but by the 
 commands and determinations of the public conscience : 
 and if there be any sin in the command, he that imposes 
 it shall answer for it ; not I, whose whole duty it is to 
 obey : the commands of authority will warrant my obe- 
 dience : my obedience will hallow, or at least excuse my 
 action ; and so secure me from sin, if not from error." 
 Agreeably to this doctrine, has it not been openly pled, 
 in defence of severe measures, with those who declared, 
 ♦' That their not obeying their superiors proceeded only 
 from their honestly judging, upon the most serious consid- 
 eration of the particular case, that it was sinful for them 
 to obey ;" has it not been openly pled, That " when ap- 
 pointments of superiors are once made, the consciences of 
 inferiors had nothing to do, but obey them : that it did 
 not belong to inferiors, to examine the orders of their su- 
 periors, or call them in question; else all government 
 would be at an end ; whether these orders were right or 
 wro7ig, was none of their business : they were the deeds 
 of their superiors, not theirs ; and they were only to be 
 executors of them ?" We may adventure to say, by the 
 by, that if such were the maxims of the supreme powers 
 in any society, they should get 2Lmachine to execute their 
 sentences ! For, sure, such principles could never be ap- 
 plied to rational creatures of God ; who are answerable 
 to him, their supreme judge, for all their own acts and 
 deeds ; whatever way they are put upon doing them. 
 Nor will it be a defence, or excuse, before his awful tri- 
 bunal, that in doing an action which their consciences told 
 them was contrary to his will, they willingly (or headlong, 
 and without asking questions) walked after the command- 
 ment of any earthly superior whatsoever. 
 
 The dissenters, indeed, do not go quite so far as to as- 
 sert, that inferiors are, in all cases, to obey or execute the 
 
 ♦ Pre/, to Dr BramhaWs vindication, p. 308. 
 
1752.] MANIFESTO OF THE POPULAR PARTY. 247 
 
 orders of their superiors, without some distinction. They 
 favour us with one exception, and one only. They plainly 
 and expressly declare, That " no sooner is a regulation 
 enacted by the legislative power in society, — than even 
 they who disapprove it, are, notwithstanding, bound 
 to obey it, and to put it in execution, if required ; Un- 
 less in a case of such gross iniquity, and manifest vio- 
 lation of the original design of the society, as justifies 
 resistance to the supreme power, and makes it better 
 to have the society dissolved, than to submit to esta- 
 blished iniquity." So that now it comes fairly out, 
 That " let any the most atrocious iniquity, any the most 
 heinous sin against God, be enjoined by the legislative 
 power on private persons ; which yet does not warrant 
 their seeking the dissolution of the society, or their with- 
 drawing from it ; they must obey the iniquous command, 
 without asking questions." This is such doctrine, from 
 ministers and office-bearers in this Church, as no man needs 
 attempt to expose, further than it exposes itself. We 
 know not why a man may not " continue in a society, 
 profess a regard for it, and reap the emoluments of it ;" 
 and yet refuse, or omit, to obey some iniquous commands, 
 which may sometimes happen to be enjoined in the very 
 best society upon earth ; without " manifestly acting a 
 disorderly, far less a dishonest part ; or even contemning 
 the authority of the society ;" though in these instances 
 he prefers the authority of God before it : and we know 
 nothing to hinder Siny peaceable member of society, though 
 he omits obeying such commands, to lay claim to the pri- 
 vileges of it ; till, by the course of a legal process and 
 sentence, he is deprived of them. The contrary of all 
 this seems plainly to be asserted by the Dissenters ; whose 
 constant maxim is, " Obey in all cases, or withdraw from 
 the society." But do they think to convince the world 
 by their confident assertions, that a man who has trans- 
 gressed any law of the society, is bound, as an honest man, 
 to take it immediately upon himself to be both his otv?i 
 Judge and executioner 9 We believe this would be reckon- 
 ed rather a contempt, than a respect for the laws and order 
 of society. If a man has committed a transgression of the 
 law of any country, which, by that law, is made capital ; 
 we believe he may very honestly (especially if he is not 
 conscious of having committed any heinous sin against 
 
248 ANNALS OF THE ASSEMBLY. [1752. 
 
 God) not only continue in life, till lie is condemned and 
 executed by a legal process ; but even beg the govern- 
 ment to spare his life, if they see it consistent with the 
 public good, and the peace of the society : and in such a 
 case, it may be a worthy and becoming part of an equi- 
 table and merciful government, to grant his request. 
 
 But if the case fairly stated, comes out somewhat fa- 
 vourably for the Presbytery oi Dunfermline, it comes out 
 still more favourably for the Commission. For, it would 
 certainly require a little more proof, than a bare assertion, 
 to establish this principle, " That merely refraining from 
 punishing an offence, or censuring an act of disobedience 
 is declaring, that the disobedience neither infers guilt, 
 nor deserves censure'' The most severe and tyrannical 
 governments will scarce be found always to go upon 
 such a maxim, else there would be no end of punishing. 
 And if barely forbearing to punish even heinous offences 
 and crimes, was " surrendering a right essential to the na- 
 ture and subsistence of every society,'' our happy constitu- 
 tion in Britain must have gone to ruin long ago : which, 
 blessed be God, stands a noble witness against such max- 
 ims. We beg leave to quote a passage from a most ex- 
 cellent performance, addressed to the Pretender s eldest 
 son ; in answer to his second manifesto, in the famous 
 year 1745 ; the author* of which shows himself a great 
 master of good argument and fine writing, thoroughly well 
 acquainted with our British affairs, and well apprised of 
 any facts he would take upon him to assert. In p. 29 
 and 30, speaking of our present gracious sovereign, he 
 says, " For the mildness of his government, let this singu- 
 lar circumstance bear witness, that we are now in the 
 19th year of his reign, and hitherto not one drop of blood 
 shed for a state-crime, even in the legal methods of trial, 
 though there have not been wanting occasions, even be- 
 fore you was pleased to make us a visit, for just sev^erities 
 of that kind." Now, do the government, by such instan- 
 ces of clemency, declare, " That such crimes infer no 
 
 * This quotation is from the " Occasional Writer," published anony- 
 mously, but known to be by Mr. Wm. Grant, who was at the time of 
 the rebellion Solicitor-Generdl and Procurator for the Church. He was 
 now Lord Advocate, and being a supporter of the Moderate Party, (though 
 he had formerly written a tract against Patronage) the quotation in the 
 text may have been intended as an argrimentum ad hominem. 
 
1752.] MANIFESTO OF THE POPULAR PARTY. 249 
 
 guilt, ^nA deserve ^o censure ?" far from it: Have such 
 acts of mercy tended to the subversion of the excellent 
 British constitution? no; but to its establishment and 
 strength : Have they shown the weakness of his Majesty s 
 administration, or shaken his throne 9 no ; he stands a 
 glorious instance of that maxim of holy writ, The kings 
 throne is npholden hy mercy. 
 
 II. The second reason of the dissent is, 1 hat this 
 sentence of the Commission is absolutely inconsistent with 
 the nature and preservation of ecclesiastical society m 
 particular." Here the dissenters declare. That they 
 "join with all Protestants, in acknowledging the Loid 
 Jesus Christ to be the only King and Head of his Church ; 
 and yet, not many hues after, they -think themselves 
 called upon to say, and they say it ivith concern, xh^t such 
 principles as these,-T\i^t the censures of the Church are 
 never to be inflicted, but upon open transgressors ot the 
 laws of Christ himself; and that no man is t^ be con- 
 structed an open transgressor of the laws of Chris , for 
 not obeying the commands of any Assembly of fallible 
 men, when he declares it was a conscientious regard to 
 the will of Christ that led him to this disobedience ;— that 
 such principles appear to them calculated to establish the 
 most extravagant maxims of Independency, and to over- 
 throw that church-constitution, of which they glory in 
 beinff members, from the very foundation. For our part, 
 we own it gives us very great concern, to see such prmci- 
 ples as these impugned, and so keenly too, by any who 
 profess to be members of any Christian church ; far more, 
 who bear the character of ministers of the gospel. 
 
 The first of these principles, in the place referred to by 
 the dissenters, plainly speaks of the church of Christ as 
 such ; and not as any part of it may be favoured with a 
 civil establishment, or outward emoluments. In this i lew, 
 we cannot but consider the censures of the church, pro- 
 perty so called, as applications of the denunciations ot 
 Christ himself, and his Apostles, against the transgressors 
 of his laws ; and open transgressors they must be, whose 
 transgressions fall under the cognisance of any court on 
 earth? Nor is that principle there advanced, ^vithout 
 lavinff down the plain foundation of it, from which it evi- 
 dently follows; namely. That Christ is the <^lom ^\^9f 
 his church, and its only law-giver. Does not Chii.ts 
 
250 ANNALS OF THE ASSEMBLY. [1752. 
 
 Commission to his • Apostles themselves, comprise the 
 whole purpose of their work, in the teaching men to ob- 
 serve all thi?igs whatsoever he had commanded them y Are 
 not the censures of the church one part of the methods by 
 which they were to teach them these things ? and there- 
 fore to be confined to those who, in some instance or 
 other, neglected, or refused, to observe what Christ had 
 commanded ? If we consider all the rules and directions 
 of our blessed Saviour, or his Apostles, concerning church- 
 discipline, we may be abundantly satisfied, that the ac- 
 tions or neglects of men, being transgressions of the laws 
 of Christ, and open and scandalous transgressions too, is 
 the only view in which they fall under the censures of his 
 church, properly so called : and from these rules every 
 one may more easily learn, " what the censures of the 
 church are, and what the crimes against which they are 
 directed ;'' than by being sent so far about as the dissen- 
 ters would have us go, " to the constitution of every 
 church," to learn them. There may indeed be another 
 power granted to some part of the church by the civil 
 government, and the laws of the land. When they annex 
 civil emoluments to the office of ministers in the church, 
 on certain terms and conditions, they may trust the judi- 
 catures of the church with judging, who come up to these 
 terms, or who come short of them, or fall off from them ; 
 and, accordingly, admitting men to partake of these legal 
 advantages, or excluding them from them. But in the 
 exercise of this power, except in so far as the actions which 
 fall under their cognisance are transgressions of the law 
 of Christ, as well as of the laws of the land, they act not 
 so properly the part of ministers of Christ, inflicting 
 church-censures ; as that of trustees of the public, exe- 
 cuting those laws of the land which are intrusted or left 
 to their execution. For the power given to his ministers 
 by Christ has nothing to do with giving or taking away 
 civil privileges and emoluments. For which reason, a 
 humane, and far more a Christian spirit, would lead men 
 to exercise this power given them by law, with all the 
 tenderness and lenity which the civil government will 
 permit ; instead of taking advantage of it to deprive men 
 of their legal privileges and benefices, or take steps tend- 
 ing that way, u^ow frivolous pretences. It is certainly most 
 becoming ministers of the gospel, and office-bearers in 
 
1752.] MANIFESTO OF THE POTULAR PARTY. 251 
 
 Christ's church, to exercise any power intrusted to them, 
 with all the prudence and tenderness they can ; and with 
 a sacred regard to those laws of Christ, which lay a great 
 stress upon forbearance^ and avoiding to lay a Uumhling- 
 block, or an occasion to fall in our brothers way. Nothing 
 can be more unbecoming them, than to exercise the power 
 intrusted to them by the State, in an arbitrary way ; to 
 do hard things just because they dare, and have the sanc- 
 tion of the law with them : to stretch a law they all call 
 a hard one ; and thus make it, in many cases, harder 
 than the legislature has made it. And scarce any thing 
 could be more absurd, than to turn men out of their bene- 
 fices, for not acting contrary to principles, in which they 
 are supported by standing rules of the Church : or to use 
 this power contrary to what may reasonably be presumed 
 to be the design of the law, in bestowing legal emoluments 
 upon ministers ; viz. that they are given by the law with 
 a view of some service to religion and the public, to be 
 done for them. 
 
 As to the other principle, " That men are ^not to be 
 constructed open transgressors of the laws of Christ, for 
 not obeying the commands of any Assembly of falli- 
 ble men ;" it would not appear so very strange to any one 
 as the dissenters would have it to be reckoned, had they 
 thought fit to put it down as it stands in the place to 
 which they refer. There it is, " merely for not obeying," 
 Szc. The word merely they have thought fit to leave out ; 
 with what design, we shall not say. They might think 
 it of no importance to their purpose to keep it in : but 
 some of us, who still reckon it our honour to have our 
 names at that dissent, thought it of great importance to 
 put it in ; being well aware, that a man, by the same ac- 
 tion, may be transgressing a plain law of Jesus Christ, 
 and likewise a command of fallible men, honestly teaching 
 him to observe what Christ has commanded, and not any 
 mere injunctions of their own. But when that is not the 
 case, That " no man is to be constructed an open trans- 
 gressor of the laws of Christ, merely for not obeying the 
 commands of any Assembly of fallible men," we think 
 might be admitted for a self-evident maxim, by all who 
 allow a difference betwixt Christ and fallible men. We 
 know no connection these principles have with the pecu- 
 liarities of the Independent form of church-government. 
 
252 ANNALS OF THE ASSEMBLY. [1752. 
 
 The dissenters say, These principles are *' calculated 
 to overthrow, /row the very foundationy that happy eccle- 
 siastical constitution which they glory in being members 
 of, and which they are resolved to support." The e^- 
 ^ressions, from the very foundation, are somewhat ambi- 
 guous ; hut if their ecclesiastical cojistitution is a Christian 
 Church, and they mean, that these principles are calcu- 
 lated to overthrow \t, foundation and all, we shall only 
 say, Other foundation can no man lay, than that is laid, 
 which is Jesus Christ;* and that we beheve, not the per- 
 son, but the confession of the Apostle Peter to be the 
 rock, on which Christ has built his Church, with the as- 
 surance that the gates of hell shall not prevail against it.\ 
 If they mean, that these principles are calculated to over- 
 throw all but the foundation ; why, really, if the super- 
 structure is so disagreeable to the foundation as to be 
 overthrown by these principles, there will be no great harm 
 done : if the foundation stands, a better superstructure 
 may be easily raised upon that, in its place. Such a dis- 
 agreeable superstructure we all know ; and we believe, 
 that the Lord will consume it with the spirit of his mouth, 
 and destroy it with the brightness of his coming\. But 
 God forbid we should believe the Church of Scotland to 
 be such a superstructure ! God forbid she should ever he- 
 come so ! 
 
 But the dissenters further say, " Upon such principles, 
 no Church, consisting q{ fallible men, has right to inflict 
 any censure on any disobedient person, let such person 
 only think fit boldly to use the name of conscience, &c." 
 If, by a disobedient person, they mean an open trans- 
 gressor of the commands of Jesus Christ, and of injunc- 
 tions, only teaching him to observe these commands, his 
 boldly using the name of conscience, must, even in the 
 eyes oi fallible men, appear a gross aggravation of his im- 
 piety ; to use a pretence or cloak for his sin, so manifestly 
 inconsistent in a professed Christian; and, instead of ex- 
 empting him from any censure, must justly render his 
 censure the heavier. If they mean only one who dis- 
 obeys the injunctions oi\\h fallible superiors, in matters 
 of order, or some circumstances concerning the worship of 
 God, or government of the Church, he too had need do 
 
 * 1 Cor. iii. 11. f Matth. xvi. 18. \ 2 Theas. ii. 8. 
 
1752 ] MANIFESTO OF THE POPULAR PARTY. 253 
 
 more than boldly use the name of conscience, to screen 
 him from all censure, else he may find it a boldness with 
 a witness ; he had need to see to it, that his profession be 
 sincere, otherwise he must fall under a far Aeavzer punish- 
 ment fi-om the searcher of hearts, than any men can inflict 
 upon him, for so heinous a prevarication ; and if, by any 
 evidence open to human cognisance, such prevarication is 
 detected, he becomes justly liable to the highest censures 
 of the Church, for so gross a transgression of the sacred 
 laws of Jesus Christ himself. But if so heinous a crime 
 can no way be made evident, to suspect it without ground 
 is a gross transgression of the rules of that charity which 
 thinketh no evil. It is a daring boldness, and an arrogant 
 usurpation of the province of the searcher of hearts, for 
 any man to insinuate, " that this pretence is made to cover 
 over cowardice, or the fear of being less followed by a 
 crowd, or other sinister views." As to the assertion, that 
 " on these principles, a man sheltered under the authority 
 of conscience acquires at once a right of doing whatsoever 
 is good in his own eyes ;" in one sense, we desire no such 
 right ; in another, we acquire it at once, by God's making 
 us reasonable creatures. A right of doing whatever is 
 good in his own eyes, darkened by irregular passions and 
 appetites, without regard to the will of God, no good man 
 ever claimed ; but a right of doing what, upon the most 
 serious attention and consideration, appears to him good 
 in the eyes of God and Christ, is not only the right of 
 every reasonable creature of God, and disciple of Christ, 
 but it is his indispensable duty to exercise it, without fear 
 of he'ing Judged of man's day. And there is no fourth Avay 
 any man can act in any case, but either by doing what is 
 right in his own eyes, in a lawless sense ; or doing what he 
 sees with his own eyes to be right in the eyes of God ; or 
 putting out his own eyes, which God has given him, and 
 blindly following the guidance of other men, wherever they 
 may think fit to lead him, — for to see with their eyes is 
 absolutely impossible. And we can never imagine, that 
 any '< anarchy and confusion, far less irremediable confu- 
 sion, can follow," from every christian's always acting with 
 a conscientious regard to the will of God and Christ, ac- 
 cording to his best views of it. 
 
 The Dissenters may w ell be sorry to say it ; for, in 
 reality, it is a woful saying, " That brethren, who profess 
 
254 ANNALS OF THE ASSEMBLY. [1732. 
 
 to hold such principles (as tlie two above-mentioned) ought 
 not to have joined themselves to any church, till once 
 they had found out an assembly of infallible men." Why, 
 truly, despairing- of ever finding out such an assembly, we 
 thought ourselves safe in joining ourselves to a fallible 
 church, honestly professing to be so ; and where the terms 
 of communion, required of us at our entry, appeared to 
 us to contain nothing disagreeable to the will of 'God and 
 Christ, little expecting that, many years after some of us 
 had joined ourselves .to it, any of its members should rise 
 up, and plead in good earnest what Sir Richard Steele 
 has been found fault with for saying in a jocular way, — 
 <' That though she could err, yet she never did f' or, at 
 least, plead for such an absolute, unreserved, active obe- 
 dience to«//her injunctions, as can only be due to assem- 
 blies oi infallible men ; or of whom, at least, we are sure 
 that they never have erred, and never will. The Dissen- 
 ters say, " They allow to the right of private judgment 
 all the extent and obligation that reason or religion re- 
 quire." But the misfortune is, we know oi no priests be- 
 yond the sea but who may say as much, while they never 
 think fit to tell us tvhat that extent and obligation is. We 
 agree with them, that " no man's private judgment gives 
 him a right to disturb, with impunity, all ijublic order ;'' 
 nor can we ever apprehend, that a cljristian or a minister's 
 following his best private judgment, concerning the will 
 of God and Christ, will be the real cause of the disturb- 
 ance of public order in the Church ; however, by those 
 who contend for an absolute authority in its judicatures, 
 and obedience without reserve to all their decisions, it 
 may, very innocently on its part, be made the occasion of 
 it.* 
 
 III. The third reason of dissent is, That " the sentence 
 of the Commission is, in a particular manner, inconsistent 
 with Presbyterian Church-government." The nature of 
 that government, as " distinguished from every other ec- 
 clesiastical constitution," and particularly from the Inde- 
 pendent systeniy is described, in the formula which all min- 
 isters subscribe, to be " the government of this Church, 
 by Kirk-sessions, Presbyteries, Provincial Synods, and 
 General Assemblies." The excellency of that subordina- 
 
 1 Kings xviii. 17, 18. 
 
1752.] MANIFESTO OF THE POPULAR PARTY. 255 
 
 Hon appears to us to lie, not in the power of clmrch-courts 
 to distress their brethren, but in access which parties have, 
 when they think themselves injured, to seek redress, by 
 appeals to the superior courts ; who, no doubt, have power 
 to take the execution, as well as the judgment, nito their 
 own hands, when particular circumstances point out the 
 expediency of their doing so. 
 
 The Dissenters say, " They do not pretend to vest any 
 court with infallibility; hut they cannot help bemg sur- 
 prised that any of their brethren should have heen at a 
 loss to conceive this plain and obvious principle, That it 
 is essential to the very idea of a supreme judicature that 
 its decisions be absolute and final." " That they \s^ final, 
 so as to be reversihle on/^by themselves, we have already 
 declared we are at no loss to conceive ; but as to their 
 being absolute, so as all of them are to be actively obeyed 
 without reserve or exception, we must still be the objects 
 of the surprise of the Dissenters ; for we are so far trom 
 beinff ahle to conceive it to be a plain and obvious princi- 
 ple, That this is « essential to the very idea of a supreme 
 judicature," that we rather apprehend it essentially con- 
 trary to the very idea of any court not vested with injalli- 
 
 *' ifls the less necessary to enter into the particular con- 
 sideration of the dreadful consequences which it is alleg- 
 ed would follow from the decisions of the General As- 
 sembly being, in any case, "disputed f^d disobeyed by 
 inferior courts, with impunity," that the Dissenters tell 
 us. for our comfort, that "our wiser ancestors took the 
 proper steps to guard against such dangers, by establish- 
 Fng solemn subscriptions and engagements, to bind the 
 ministers of this Church to obedience ^"^^ sji^^^^^^,;^;^ *^ 
 its judicatures." But here it happens a little ""l^ckdy 
 for the cause of the Dissenters, that, m «//these subscrip- 
 tions and engagements, as they are particularly ^'ecited ^Y 
 themselves, there is not such a word as obedience,i^i less 
 such a phrase, as obedience icithout reserve, our wiser an- 
 cestors not apprehending, it would seem, such a thmgne- 
 cessary for avoiding any " danger from licentious pnnci- 
 
 ^^ As much to the purpose, they teU us, That f out an 
 hundred years ago, "the same antk^onstitutional maxims 
 which were advanced to support the sentence of which 
 
256 ANNALS OF THE ASSEMBLY. [1752. 
 
 they complain, were brought into this kingdom by Eng- 
 lish sectaries, or by certain persons who, living amongst 
 them, had imbibed their principles, and endeavoured to 
 import them into our Church. But, to give a timely 
 check to their progress, the Assembly 1647," after some 
 previous steps, " unanimously agreed to this proposition, 
 amongst others, That the lesser and inferior ecclesiastical 
 assemblies ought to be subordinate and subject unto the 
 greater and superior assemblies." What ; no more ? Do 
 they add, " that they are actively to obey all their appoint- 
 ments without reserve ?" Keep off such an addition, and 
 there are none among us, whom the Dissenters are the 
 most forward to charge with anticonstitutional maxims^ 
 but will as unanimously approve the proposition, as it 
 stands, as the Assembly 1647 did. And that same As- 
 sembly 1647 received, with high encomiums and great 
 thanksgivings to God, the Confession of Faith compiled 
 by the Assembly of Divines at Westminster, living amongst 
 the English sectaries, in which are contained such maxims 
 as these : — That " God alone is lord of the conscience ; 
 and hath left it free from the doctrines and commandments 
 of men, which are in any thing contrary to his word, or 
 beside it, in matters of faith and worship ; so that, to be- 
 lieve such doctrines, or to obey such commands, out of 
 conscience, is to betray true liberty of conscience ; and the 
 requiring of an implicit faith, and an absolute and blind 
 obedience, is to destroy liberty of conscience, and reason 
 also," Ch. 20, § 2. That " all synods or councils, since 
 the apostles times, whether general or particular, may err, 
 and many have erred ; therefore, they are not to be made 
 the rule of faith or practice, but to be used as an help in 
 both," Ch. 31, § 4. And even so late as the year 1736, 
 the General Assembly made the following Act, which, on 
 the principles of the Dissenters, must be extremely anti- 
 constitutional: — ^^ Edinburgh, May 25, 1736. The Gen- 
 eral Assembly, considering from Act of Assembly, Aug. 
 6, 1575, — Second Book of Discipline, ch. S. par. 4, 6, & 
 8, registrate in the Assembly books, and appointed to be 
 subscribed by all ministers, and ratified by Acts of Par- 
 liament, — and likewise the Act of Assembly 1638, Dec. 
 17 & 18,— and Assembly 1715, Act 9, — thsit it is, and has 
 been since the Reformation, a principle of this Church, 
 That no minister shall be intruded into any parish, con- 
 
1752.] MANIFESTO OF THE POPULAR PARTY. 257 
 
 trary to the will of the congregation, — do therefore seri- 
 ously recommend to a/Z judicatures of this Church, to have 
 a due regard to the said principle in planting vacant con- 
 gregations ; and that all Presbyteries be at pains to bring 
 about harmony and unanimity in congregations, and to 
 avoid every thing that may excite or encourage unreason- 
 able exceptions in people against a worthy person that 
 may be proposed to be their minister, in the present situa- 
 tion and circumstances of the Church, so as 9ione be in- 
 truded into such parishes, as they regard the glory ot 
 God, and edification of the body of Christ." May we not 
 here ask the question. Whether, while this Act stands 
 unrepealed, it be proper for any judicature of this Church, 
 or even competent for a delegated judicature, to bear hard 
 upon, or censure any minister or Presbytery, for 7?o^ o%- 
 ing amj particular appointment that seems to fly in the 
 face of this standing rule of the Church ? as the last As- 
 sembly censured the Presbytery of Linlithgow, after they 
 had pled at their bar (and were not then contradicted), 
 that, for them to have obeyed the appointment, w^ould have 
 been to have ordained a minister to five or six persons of 
 a congregation, consisting of about a thousand. 
 
 IV. The Dissenters allege, " That the sentence of 
 the Commission is inconsistent with the uniform practice 
 and procedure of the Presbyterian Church." For proof 
 of this general assertion, they bring only one mstance ; 
 which comes no way near to the case, of men barely not 
 doino*, Avhat, on the most deliberate consideration, they 
 thought sinful to do. 
 
 V. The fifth reason of Dissent is. That " they conceive 
 this sentence will justify ang contradiction to the doc- 
 trines of the Church ; and warrant the espousing and pub- 
 lishing the most ivild, erroneous, and hurtful opinions, 
 without any censure." But what proof do they bring of 
 this formidable assertion ? None ; but, in their usual 
 way, afl&rming it in a pompous manner. And it is abso- 
 lutely impossible for them to prove it ; unless theg will 
 maintain, and make the Commission maintain too, that the 
 most wild, erroneous, and hurtful oi^miows, may be espous- 
 ed and published, without openly transgressing any law of 
 Jesus Christy which is a task that they will, perhaps, 
 find too hard for them to undertake. 
 
 But, as we are sensible that the stress of the argument, 
 Y 3 
 
258 ANNALS OF THE ASSEMBLY. [1752. 
 
 for never passing* by any instance of omiting to obey, or 
 execute the sentence of a superior, or the supreme court, 
 will be laid, by many, upon the consequences of such for- 
 bearance, we find ourselves obliged to say some things 
 to this argument. 
 
 It is said. That " to plead conscience as a defence 
 against the censures of ecclesiastical, or the punishments 
 of civil society, is an absurdity in government." The 
 comparison appears to us extremely wide, betwixt eccle- 
 siastical and dvil government. As the end of civil go- 
 vernment is the preservation of the outioard peace of so- 
 ciety ; and its object is the outward actions of men only^ 
 and these considered in the view of their being beneficial 
 or hurtful to human society ; the ends of that government 
 make it necessary to punish outward actions of men, that 
 are hurtful to their neighbours, or disturb the peace of so- 
 ciety, without regard, either to the pretences by which 
 they may be palliated, or the inivard principles from 
 which they proceed. The case, we apprehend, is quite 
 otherwise, with respect to ecclesiastical discipline and 
 censures. The object of these being the actions of pro- 
 fessed Christians, considered as transgressions of the laws 
 of Christ, and the great end of them to reform the mind, 
 and preserve the Church a pure society, in a religious 
 sense, we must think, that great regard is to be had to 
 conscience in the exercise of them. We readily allow, 
 that if the plea of conscience is admitted, as a defence 
 from censure, in any cases, fallible judges, who cannot 
 see into the hearts of men, may run the hazard of ad- 
 mitting it sometimes when it may be only a pretence. 
 But does it therefore follow, that it is never to be admit- 
 ted ? ^V"e apprehend lawyers would say, to this point, 
 Ahusus not tollit usum. Such is the unavoidable frailty 
 of all human governments, laws, and rules, that a guilty 
 man may escape punishment, by those very methods and 
 precautions which are necessary to give a man a fair trial 
 for his Ife, and to preserve an innocent man from being 
 condemned to die ; but, in answer to such difficulties, it 
 is commonly, and very justly, said, " Better ten persons 
 escape, than one innocent person sufi'er."' 
 
 Again, it is said, " Such exercises of lenity encourage 
 disobedience to the appointments of the Church," But, 
 sure, the less arbitrary superiors are in their commands, 
 
1752.] MANIFESTO OF THE POPULAR PARTY. 259 
 
 the more ingenuous minds must be encouraged to obey 
 them, as far as conscience towards God allows. And as 
 no lenity is pleaded for, but towards such transgressions 
 of the commandments of men, as persons of known integ- 
 rity can lay their hands on their breast, and declare, that 
 after seriously weighing the matter, they thought it siitful 
 in them to obey : exercising lenity, in such cases, will only 
 be giving no discouragement to simplicity and godly sin- 
 cerity ; which will not, we hope, be reckoned an evil so 
 excessively abounding in our day, as to want any severe 
 checks or discouragements. 
 
 Again, it is said, " Passing by such transgressions, 
 without censure, will show the weakness of our Church." 
 But we apprehend it may be found, that "nothing more 
 effectually shows weakness in the issue, than too strong 
 and forward a show of power." Therefore, the wisest 
 and most effectual methods of the Church's preserving 
 and improving her strength, and in the issue showing it, 
 are, to forbear giving arbitrary and unnecessary com- 
 mands ; to be cautious of beginning the work of censuring, 
 for transgressions that might be quite overlooked, without 
 any harm either to the interests of religion, or the legal 
 constitution of the Church, to be ready to take the easiest, 
 and least straitening methods of executing sentences, 
 which are apprehended necessary to be brought into exe- 
 cution ; and in fine, not to affect a show of infallibility, or 
 be ashamed even of reversing sentences, which, after they 
 are made, may be found hard and grievous. 
 
 But it is said, " It shows the weakness of our Church- 
 constitution, not to be able always to bring the sentences 
 of its judicatures into execution in the most constitutional 
 way ; but, passing over the Presbytery, whose immediate 
 duty it is to admit a minister to his charge, to appoint 
 others to do their work." Why, this may indeed show, 
 that our constitution is not almighty : that it partakes of 
 the weaknesses and infirmities common to all human con- 
 stitutions whatsoever, that they cannot always accomplish 
 their designs in the shortest and most direct way ; but 
 must sometimes take more round-about ways of doing it, 
 provided they be lawful ones. And is such a consequence 
 as this to be put in the balance, with either depriving 
 valuable and useful men of their charges, and the Church 
 of their usefulness ; or laying hard temptations before 
 
260 AXNALS OF THE ASSEMBLY. [1752. 
 
 any men, to violate and debauch their consciences ? the 
 very ivorst purpose that ever power or authority was, or 
 can be applied to ! 
 
 ASSEMBLY, 1752. 
 
 The Assembly met on the 14th May. There were 
 put on the leet for jModerator, Messrs. Patrick Cuming 
 and Robert Hamilton, both ministers of Edinburgh, when 
 the former was chosen by a great majority. He had held 
 the office three years before (in 1749); but as a violent 
 party struggle was now expected in the Inverkeithing 
 case, it was probably thought desirable by the moderate 
 interest to have in the chair a man who was known to be 
 decidedly favourable to their views. 
 
 The Earl of Leven was Commissioner, and addressed 
 the Assembly in the following speech : — 
 
 Right Reverend and Right Honourable, — Being 
 again honoured with his Majesty's Commission, to repre- 
 sent his Royal person in this Assembly, it is with plea- 
 sure I continue to assure you of your Sovereign's sincere 
 concern for the honour and prosperity of this Church. 
 
 In opening a meeting of this kind, it must certainly 
 give to every well-wisher of our constitution, the highest 
 satisfaction, to see us again assembled under the protec- 
 tion of the best of Sovereigns, of whose regard for the 
 prosperity of all his subjects, and in particular for this 
 part of the united kingdoms, we are constantly receiving 
 the most remarkable and illustrious proofs. And here 
 I cannot omit mentioning the late Act of the Legislature, 
 annexing certain forfeited estates to the crown, and ap- 
 pointing their whole annual produce to be applied for 
 instructing the ignorant, reclaiming the disaffected, pro- 
 moting industry, and happily diffusing Heaven's favourite 
 blessings, religion, liberty, and virtue, where vice and 
 idleness, slavery and dependence, have hitherto had their 
 chief seat. Such a signal instance of princely wisdom and 
 goodness, in concurrence with the great councils of the 
 nation, where the forfeiture of a few is made subservient 
 to the good of the whole, and the very weapons of rebel- 
 lion are become the spring of true and lasting felicity even 
 
1752.] THE commissioner's speech. 261 
 
 to rebels themselves, must perpetuate our Sovereign's 
 great name with distinguished honour to latest ages. 
 
 I am persuaded, that you, Right Reverend and Right 
 Honourable, who have always been patterns of loyalty, 
 will now meet together with such sentiments of the bless- 
 ings we enjoy under his Majesty's auspicious government, 
 as will dispose you to all expressions of gratitude, and will 
 excite you to set that example to others, which the weight 
 of your characters justly may influence them to follow. 
 
 Such frequent experience I have had of the candour, 
 equity, and modetation of the General Assembly of this 
 Church, that I make no question of your conducting all 
 your proceedings in such a manner as will be most agree- 
 able to me, by enabling me to represent your behaviour 
 in the most favourable light to my Royal master. 
 
 I know it is unnecessary for me to admonish gentlemen 
 of so much learning, wisdom, and experience, that peace, 
 unanimity, and truth, are the great objects at whicl^ you 
 ought to aim. One thing, however, as a well-wisher to 
 the government and good order of this Church, I cannot 
 pass over in silence. Allow me therefore to hope, that 
 as it is our happiness to have regular meetings of our na- 
 tional Assembly, countenanced by our gracious sovereign, 
 you will be careful to support her dignity and authority, 
 and not destroy with your own hands our most valuable 
 constitution, secured by law, so dear to your forefathers, 
 so excellent in itself, and which your enemies have so 
 often in vain attempted to wrest from you. The main 
 intention of your meeting is frustrated, if your judgments 
 and decisions are not held to be final ; if inferior courts 
 continue to assume that liberty they have taken upon them- 
 selves, in too many instances, of disputing and disobeying 
 the decisions of their superiors. It is now more than high 
 time to think of putting a stop to this growing evil ; other- 
 wise such anarchy and confusion will be introduced into 
 the Church, as will inevitably not only break us in pieces 
 amongst ourselves, but make us likewise the scorn and 
 derision of our enemies ; for, believe me, subordination is 
 the link of society, without which there can be no order 
 in government. When I have said so much, I must hke- 
 wise be indulged to add, that as I ever was, and ever will 
 be against severities of every kind, I hope you will take 
 the gentlest methods possible to convince your mistaken 
 
262 ANNALS OF THE ASSEMBLY. [1732. 
 
 brethren of their past error ; and, at the same time, such 
 as may effectually restrain others from following their un- 
 justifiable conduct. Nothing short of my duty to my So- 
 vereign, and ray sincere regard for the honour of my 
 Mother- Church, could have prevailed on me to say so 
 much as I have done.- — I shall conclude with assuring you, 
 that as we are happy in an excellent constitution of govern- 
 ment, both ecclesiastical and civil — and happy, blessed be 
 God, in a Sovereign, who is the gracious protector and 
 guardian of both — it must be our own faults if we lose the 
 advantages of such a situation as our ancestors might justly 
 have envied. 
 
 His Majesty has been graciously pleased to renew his 
 usual liberal grant of £1000, for employing itinerant 
 preachers and catechists in the Highlands and Islands, 
 and expects effectual care will be taken that none be em- 
 ployed but who are well affected, and sufficiently qualified 
 for the discharge of their trust. 
 
 What assistance can arise to you, Gentlemen, from the 
 character I have the honour to sustain, in carrying on 
 what business may come before you to the best advantage, 
 you have an undoubted title to expect, and shall not be 
 wanting, to the utmost of my power, as the honour of the 
 Church of Scotland ever was, and ever will be dear to me. 
 
 The Commission's appointment to the Synod of Fife, to 
 admit Mr. Richardson as minister of Inverkeithi?ig,\viLS not 
 complied with. Upon this there was a complaint to the As- 
 sembly, by the patron and others, against both the Presby- 
 tery and the Synod. There was likewise a complaint by 
 the members who dissented from the judgment of the Com- 
 mission in March. This affair came before the Assem- 
 bly on the 16th ; and the members appointed to answer 
 the reasons of dissent having appeared in defence of the 
 Commission's conduct, it was resolved to take it under 
 consideration on Monday the 18th. That day, after read- 
 ing the report of the visitors of the Commission-book, and 
 hearing parties,* the Assembly agreed, without a vote, 
 
 * "Dr. Robertson argued this cause in the General Assembly, 1752; 
 and such was the impression made by the argument contained in the Pro- 
 test [Dissent], and more fully illustrated in his speech, that the supreme 
 court reversed the judgment of the Comniis<ion." — Stewart's Life of Ro- 
 bertson, p, 171. Comp. Cook's Life of Hill, p. 112, 1 13. 
 
1752.] THE PRESBYTERY OF DUNFERMLINE CITED. 263 
 
 " That the Commission in March liad exceeded their 
 powers, and had not done what they were bound to do 
 conform to the powers given them by the last Assembly." 
 
 A motion was then made, " That the Assembly do now 
 appoint the Presbytery of Dunfermline to meet at Inver- 
 keithing on Thursday next, at eleven o'clock, and admit 
 Mr. Richardson ; that all the members be ordered to at- 
 tend ; that there be at least^t'e ministers as a quorum to 
 execute this appointment ; and that each minister of that 
 Presbytery be required to appear at the Assembly-bar on 
 Friday next, at twelve o'clock, to give an account of his 
 conduct.' The motion passed, 102 to 56. From this ap- 
 pointment, Messrs. William Hastie of Slamannan, John 
 Oughterson of Cumbernauld, Robert Spears of Burnt- 
 island, Thomas Wardrobe of Bathgate, Robert Hall of 
 Kilmarnock, James Lyon of Blairgov^'rie, George Lyon 
 of Longforgan, David Maxwell of Strathmartiue, Wm. 
 Maxwell of Rutherglen, and James Turnbull of Denny, 
 ministers, and Mr. Marsliall of Kilkernie, ruling elder, 
 dissented ; — " as making a very material alteration in our 
 constitution, according to which three ministers are suffi- 
 cient for constituting a Presbytery ; as bringing those 
 members of that Presbytery, who had openly declared 
 they could not, with a good conscience, concur in that set- 
 tlement, under the unhappy necessity of disobeying an ex- 
 press appointment of the Assembly ; and, lastly, as pre- 
 venting Mr. Richardson's admission from taking place, 
 seeing it was well known that three ministers of tiiat Pres- 
 bytery were ready to admit him, had the appointment run 
 in general terms, without extending the quorum to Jive ; 
 which shows, by the by, that the interest of Mr. Richard- 
 son was but a small part of the plan ; especially as it is 
 notour, that this settlement might have taken place long 
 ago, in ways followed by our wiser predecessors, and of 
 late too, without involving the Church, or bearing hard 
 upon the consciences of any." 
 
 The Presbytery being accordingly called on Friday the 
 22d, they all* appeared, except Afessrs. John Liston of 
 
 * The only member of Presbytery of whom no mention is made through- 
 out these proceedings is Mr. Hardie, one of the ministers of Culross, who 
 had been laid aside from duty for many months, by the disease of which he 
 died about ten days before the meeting of Assembly (see pp. 1 13, 141 ). In 
 the pamphlet formerly quoted, entitledi '* A Just View of the Constitution 
 
264 ANNALS OP THE ASSEMBLY. 1752.] 
 
 Aberdour, James Bathgate of Dalgetie, and Robert 
 Steadman of Beath ; from whom there were letters of 
 excuse, which were sustained. Mr Steadman's bore, 
 that his bad state of health (as shown by a medical cer- 
 tificate enclosed) rendered it unsafe for him to travel, so 
 that he was not in condition to obey the Assembly's ap- 
 pointment concerning the admission of Mr Richardson, 
 which otherwise he would willingly and cheerfully have 
 submitted to. Messrs. Liston and Bathgate were at In- 
 verkeithing, but could not appear in the Assembly by 
 reason of the indisposition of the one, and sickness in the 
 family of the other. The brethren present Ay ere brought 
 to the bar one by one, and interrogated, — If they had 
 obeyed the order of the Assembly ? Mr James Thom- 
 son of Dunfermline answered, That he went to Inver- 
 keithing on Thursday at ten o'clock, and there met with 
 Messrs Liston and Bathgate ; that they caused the Church 
 bell to be rung, and went to the Church, between eleven and 
 twelve o'clock, and waited there till two ; that they were 
 required by Col. Arthur Forbes, and others, callers of 
 
 of the Church of Scotland" &c., it is said : — " When the Assembly laid their 
 express commands upon the Presbytery of Dunfermline to admit ]Mr. Rich- 
 ardson on the Thursday, during the time of their sitting, one of the mem- 
 bers of that Presbytery, who had been averse to that settlement, went to 
 In verkei thing upon the Wednesday. He took occasion to converse with 
 several of the people in the opposition; and particularly with two womeiiy 
 who it seems have a considerable influence in the place. He represented 
 to them the strait into which the Presbytery was brought, the danger of 
 disobedience, and bow becoming a thing it would be in the people to signify 
 their concurrence, that so the Presbytery might proceed, and meet with no 
 farther trouble in that aflFair. His arguments had great weight with many, 
 — some of the elders seemed disposed to yield ; and there was great hope, 
 that, at a meeting they had appointed next morning, ail things would have 
 been made easy. Another member of the Presbytery went also on the 
 Thursday morning to Inverkeithing with the same good intention. But, 
 alas ! their endeavours were rendered abortive. Some men of a more tur- 
 bulent and factious temper, than either the Presbytery, or the people of In- 
 verkeithing, had interested themselves in this matter. Accordingly, early 
 on the Thursday, one P r, a p r, arrived from Edinburgh, dis- 
 patched, as is alleged, by Mr. W -r [Mr. Webster is no doubt the per- 
 son here pointed at] ; and, introducing himself to several of the people of 
 Inverkeithing, particularly to the two women above-mentioned, he gave them 
 the most positive assurances, that the members of Assembly were greatly 
 cooled in that affair ; — that if the Presbytery would stand out, not a hair of 
 their heads would be touched ; and that it would argue great meanness of 
 spirit in them to comply. He was but too successful in his negotiations ; — 
 the people greedily swallowed any thing that tended to humour them in their 
 prejudices : and thus, by this emissary, all the good endeavours of the two 
 ministers were defeated." 
 
1752 ] CASE OP INVERKEITHING. 265 
 
 Mr Richardson, to admit him, but could not proceed, 
 there being only three of them, instead of the proper 
 quorum Jive required by the Assembly ; and that, before 
 they left the Church, they caused notice to be given, that 
 they would stay an hour or more in town, in a house 
 which they named, and waited accordingly till five o'clock. 
 Mr Robert Stark of Torryhurn answered, That he went 
 to Inverkeithing on Thursday morning, in order to con- 
 verse with the elders and others, and endeavour so far to 
 reconcile them to Mr Richardson's admission as to give 
 him clearness to join in it ; that having met with them, 
 he did all in his power to soften them, but to no purpose ; 
 that so he left the place, and that he had nothing further 
 to offer, but what was contained in a representation sign- 
 ed by him and other five brethren, to which he adhered. 
 Mr James Stoddart of Culross pled his peculiar situation, 
 being by a sentence of the Court of Session found to have 
 no legal title to his benefice (see page 141) ; for which 
 reason he had chosen to behave himself in the manner 
 that appeared to him the most inofi^ensive, and had acted 
 no part in the present question, or in the other affairs 
 which came before the Presbytery. Mr Robert Stark of 
 Kinross represented. That he was in Inverkeithing on 
 Thursday morning, but did not meet with Messrs Thom- 
 son, Liston, and Bathgate, that the main difficulty which 
 lay in his way of carrying Mr Richardson's settlement 
 into execution, took rise, 1, from the sentence of the 
 Commission, appointing the callers of Mr Richardson to 
 prosecute his transportation independently of the Presby- 
 tery of Dunfermline ; and 2, from the Act of the Presby- 
 tery of Biggar, transporting him to Inverkeithing, while 
 at the same time they continued his relation to his pre- 
 sent parish of Broughton : but that as the Assembly had, 
 by their Act appointing Mr Richardson's settlement, re- 
 moved these objections ; and as he was sensible of the 
 straits his brethren were in, and of the bad effects of dis- 
 obeying the authority of the Church, he was willing to 
 expose himself to aU hazards, and concur with the other 
 three brethren who had shewn their readiness in obeying 
 the Assembly's appointments, in case it should be thought 
 proper to renew it. Messrs David Hunter of Saline, 
 Thomas Gillespie of Carnock, Alexander Daling of 
 Cleish, Thomas Fernie of Dunfermline, and John Spence 
 
266 ANNALS OF THE ASSEMBLY. [1752. 
 
 of Orwell, gave in the following humble representatioUy 
 signed by them and by Mr Stark of Torryburn, and dated, 
 Edinburgh, May 22, 1752. 
 
 " We cannot but be deeply aiFected with our present 
 situation, in being obliged to stand at the bar of this Ven- 
 erable Assembly, to answer for non-compliance with any 
 of their appointments. 
 
 But as this Venerable court is so good as to allow us 
 to speak in our own behalf, we shall therefore beg leave 
 humbly to represent some of those things which have all 
 along straitened us in the execution of the orders we re- 
 ceived, and which still lay such difficulties in our way as 
 we are not able to surmount. And this we hope to do 
 with that plainness and honesty, and at the same time 
 with that decent and dutiful respect to the supreme judi- 
 cature of this Church, which it is so justly entitled to ex- 
 pect from us. 
 
 We need scarce observe, how unjustly we have been 
 represented, as having no other difficulty, but the unrea- 
 sonable fear of opposing the ill-grounded prejudices of 
 our people. 
 
 Nor need we inform this house, that ever since the Act 
 restoring patronages in the end of Queen Anne's reign, 
 there has been a vehement opposition to all settlements by 
 presentations, where there was but small concurrence* ; 
 which settlements have already produced a train of the 
 most unhappy consequences, greatly affecting the interest 
 of religion ; and, if turned into the stated and fixed rule 
 of procedure, will, in all probability, be attended with 
 every fatal effect. Now, under such a view and appre- 
 hension as this, was it any wonder, or was it inconsistent 
 with that obedience which we owe to our earthly superi- 
 ors in the Lord, that we should demur and stop short in 
 carrying a settlement into execution, where, in our appre- 
 Iiension, there was by no means such a concurrence of per- 
 sons residing in the parish, as might give sufficient weight 
 and influence for promoting the great ends of the ministry? 
 
 The Assembly know well, that it appears from their 
 own acts and resolutions, entered into their records, that 
 the law of patronage has been considered as no small 
 
 * i. e. very few in the parish, wh<i could be broutjht to attend on the 
 ministry of the presentee, or to be willing to have biuj for their pastor. 
 
1752.] CASE OF INVERKEITHING. 267 
 
 grievance to this Church, not to say as inconsistent with 
 our union-settlement. 
 
 And we find it declared, Act 23th of May, 1736, " 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 ; and 
 therefore it is seriously recommended, by the said Act, to 
 all judicatures of this Church, to have a due regard to the 
 said principle in planting vacant congregations, — so as 
 none be intruded into such parishes ; as they regard the 
 glory of God, and the edification of the body of Christ." 
 Which recommendation we humbly apprehend to be 
 strongly supported by the principles of reason, and the 
 laws of our Lord Jesus Christ. 
 
 And we must be permitted to say, that after repeated 
 endeavours used by committees of the Presbytery, to 
 lessen the opposition to Mr Richardson in the parish of 
 Inverkeithing, matters still remain in such a situation, 
 that we are brought to this unhappy dilemma, either of 
 coming under the imputation of disobedience to ?^ particu- 
 lar order of our ecclesiastical superiors, or contributing 
 our part to the establishment of measures, which we can 
 neither reconcile with the declared principles, nor with 
 the true interest of this Church. 
 
 On the whole, we cannot help thinking, that, by having 
 an active hand in carrying Mr Richardson's settlement 
 into execution, we should, as matters now stand, have 
 been the unhappy instruments, to speak in the language 
 of holy writ, oi scattering thejiock of Christ ; not to men- 
 tion what may be the fatal consequences of such settlements 
 to our happy civil constitution. 
 
 If the Venerable Assembly shall, on this account, judge 
 us guilty of such criminal disobedience, as to deserve 
 their censures ; we trust they will, at least, allow that we 
 have acted as honest men, willing to forego every secular 
 advantage for conscience' sake. 
 
 In such an event, this, through grace, shall be our sup- 
 port, that not being charged with any neglect of the du- 
 ties of our ministry among those committed to our care, 
 we are to suffer for adhering to what we apprehend to 
 be the will of our great Lord and Master, whose we are, 
 whom we are bound to serve in all things, and on whom 
 we cast all our care." 
 
 z 2 
 
'26S ANNALS OF THE ASSEMBLY. [1752. 
 
 The Moderator earnestly recommended to the six 
 brethren, subscribers of the representation, to consider 
 seriously the situation they were now in, and take the op- 
 portunity they yet had of saving themselves from the dis- 
 pleasure of the Church : and being asked one by one, If 
 they had alny more to offer ? they all answered in the 
 negative. After much reasoning, it was proposed to re- 
 solve. That one of the six disobedient brethren should 
 be deposed : and the question being put, Depose or Not ? 
 it carried Depose, 93 to 65. Some members dissented, 
 but their names were not marked. 
 
 Next day these six brethren were called in one by one ; 
 and being asked, if they had any thing further to offer ? 
 Mr Stark of Torryburn answered. That he heard there 
 would be some further accession to Mr Richardson, which 
 if he should find to be such as might clear his way, that 
 would open his eyes in the matter. Mr Fernie answered, 
 That as matters then stood, he had no freedom to have 
 an active hand in the settlement : what he might do in 
 the case of a change of circumstances, he could not say 
 till that change appeared. Mr Hunter answered. That 
 as there was no alteration in the case since the day be- 
 fore, as little could there be in his mind and sentiments : 
 if an agreeable accession should happen, it would be nei- 
 ther his inclination nor interest to be backward. Mr 
 Daling answered, That he had nothing further to add ; 
 and Mr Spence, That he choosed to add nothing. Mr 
 Gillespie read the following humble representation : — 
 
 «' Whereas, in the representation given in to the Gen- 
 eral Assembly yesterday, it was set forth amongst other 
 things, " That it appears from their own acts and reso- 
 lutions, entered into their records, that the law of patron- 
 age has been considered as no small grievance to this 
 Church, not to say as inconsistent with our union-settle- 
 ment ;" and whereas this paragraph, expressed, as it is 
 apprehended, in the softest terms, was considered by some 
 members as an aggravation of our non-compliance with 
 their order, I humbly beg leave to lay before this house, 
 a paragraph or two taken from a paper, entitled, The 
 grounds of the claim of the Church of Scotland for the re- 
 dress of the grievance of patronage, entered into the re- 
 cords of the Assembly, May 22, 1736. There, after re- 
 presenting the laws respecting our Church, the Assembly 
 
1752.] DEPOSITION OF MR. GILLESPIE. 269 
 
 Avill find these remarkable words, " That notwithstanding 
 the security of this our happy establishment in all its parts 
 was as great and as solemn as it was possible for human 
 Jaws and constitutions to devise or execute, yet, in pre- 
 judice of that security, as we apprehend, the Act in the 
 tenth year of Queen Anne was passed, restoring to patrons 
 the power of presenting, &c." And the said paper con- 
 cludes with these words, " That this grievance was 
 brought upon us contrary to the establishment of this 
 Church made at the glorious Revolution, and solemnly 
 confirmed and secured as an essential condition of the 
 union of the two kingdoms." It is now humbly submit- 
 ted, if we have offended, by saying, as above, '* That the 
 law of patronage has been considered as no small griev- 
 ance to the Church, not to say as inconsistent with our 
 union-settlement ?" And I humbly crave, that the whole 
 of the foresaid grounds of claim may be read, and that 
 this my representation may be entered into the records 
 of court, or kept in retentis with other papers.'* 
 
 This paper was not received ; nor were the grounds of 
 claim read, as craved in it. 
 
 After prayer for light and direction, a vote was stated, 
 Which of the six should be deposed? and it came out thus : 
 For Mr Stark 1, for Mr Daling J, for Mr Fernie 1, for 
 Mr Spence 1, for Mr Gillespie 52, and 102 declined giv- 
 ing their voices. Mr Gillespie was therefore deposed ac- 
 cordingly. 
 
 With respect to the rest of the ministers of the Pres- 
 bytery of Dunfermline, the Assembly, without a vote, 
 acquitted xMr Stoddart, in respect of his special circum- 
 stances; sustained Mr Steadman's excuse; found that 
 Messrs Thomson, Liston, and Bathgate, did their duty ; 
 passed from any censure upon Mr Stark of Kinross, for 
 his past conduct, in consideration of the declaration emit- 
 ted by him at the bar ; and, — " The General Assembly, 
 taking to their consideration the case of the remaining 
 five disobedient brethren of the Presbytery of Dunferm- 
 line, who have signed the representation to this Assembly ; 
 and that by the deposition of Mr Thomas Gillespie at 
 Carnock, they not only have asserted the authority of this 
 supreme court, but have inflicted upon him a censure 
 adequate to repeated acts of disobedience, adhered to 
 tenaciously when at the bar ; and that albeit the remain- 
 z 3 X 
 
'270 ANNALS OF THE ASSEMBLY. [1752, 
 
 ing offenders may have deserved the same censure, as be- 
 ing involved in the same transgression ; yet being desir- 
 ous to mix mercy and lenity with their judgment, do 
 therefore remit to the Presbytery of Dunfermline, to set- 
 tle and admit the said Mr Andrew Richardson as minister 
 of the parish of Inverkeithing, on or before the 18th day 
 of June next to come, and order an exact list of the 
 ministers who shall be present on that day, for the effect 
 foresaid, to be made up, and entered into the minutes of 
 the Presbytery, with such excuses as may be made by 
 any of them who shall happen to be absent, and the As- 
 sembly empowers and requires the Synod of Fife, at their 
 first meeting after the said admission, to consider the said 
 excuses, and either to sustain or reject the same : and the 
 General Assembly hereby suspends such of those who 
 shall be absent, and shall not send excuses, from and after 
 the day of the said admission ; and such of them whose 
 excuses shall be rejected by the said first meeting of the 
 Synod after the admission, from and after the date of such 
 sentence of the Synod, from the exercise of their offices in 
 all Presbyteries, Synods, and General Assetnblies, aye, 
 and until they shall respectively testify their sorrow for 
 their disobedience to the acts and ordinances of the Ge- 
 neral Assembly, either to their own Presbytery or Synod, 
 or to any Assembly, or Commission thereof; upon enter- 
 ing of which into the minutes of the Presbytery, Synod, 
 or Commission, they are empowered and required to take 
 off this sentenceof suspension, and torepone them, or any 
 of them respectively, to the full exercise of their office in 
 their judicative capacity: and it is hereby declared, that 
 it shall be competent for any member of the said Synod, 
 to dissent from the judgment of the Synod, sustaining or 
 rejecting the excuses offered ; and that such dissent shall 
 be a sufficient foundation for reviewing that sentence in 
 the ensuing General Assembly." Then the ministers 
 having been all called, and appearing, the sentence of de- 
 position was pronounced by the Moderator from the 
 chair, the resolutions with respect to the rest were inti- 
 mated to them, and the Presbytery of Dunfermline were 
 appointed, at their ordinary meeting on the first Wednes- 
 day of June, to fix the day for Mr Richardson's admission, 
 in pursuance of the above recited Act of Assembly. 
 The sentence of deposi(io?i was in these words, " The 
 
1752.] DEPOSITION OF MR. GILLESPIE. 271 
 
 General Assembly did, and hereby do, in the name of the 
 Lord Jesus Chi^.st, the sole King and Head of the Church, 
 and by virtue of the power and authority committed by 
 him to them, depose you Mr Thomas Gillespie, minister 
 at Carnock, from the office of the holy ministry ; prohibit- 
 ing and discharging you to exercise the same, or any part 
 thereof, within this Church, in all time coming : and the 
 Assembly did, and hereby do, declare the Church and 
 Parish of Carnock vacant from and after the day and 
 date of this sentence." This sentence Mr Gillespie heard 
 with becoming gravity, and spoke as follows. " Modera- 
 tor, I desire to receive this sentence of the General As- 
 sembly of the Church of Scotland pronounced against me 
 with real concern, and awful impressions of the divine 
 conduct in it ; but I rejoice, that to me it is given in behalf 
 of Christ, not only to believe on him, but also to suffer for 
 his sake/' 
 
 The Presbytery met upon the 3d of June, and fixed 
 on the 18th of that month for Mr Richardson's admission. 
 As in the course of rotation, it fell to Mr Thomas Fernie, 
 one of the ministers of Dunfermline, to preach and pre- 
 side on the occasion, " he offered reasons why he shoidd 
 not be appointed to do so," upon which the Presbytery ex- 
 cused him. Mr Spence of Orwell was named in his 
 room ; and Mr Hunter of Saline appointed to serve the 
 edict. 
 
 On the 18th of June, when the Presbytery met, it was 
 reported to them, that Mr Hunter had not served the 
 edict, but that in his absence, the Precentor had, in obe- 
 dience to the Presbytery's instructions, read it at the most 
 patent door of the church ; and he now returned it with 
 an endorsed execution. " Then enquiry was made whe- 
 ther Mr Spence was come up to preach and preside at 
 Mr Richardson's admission ? Report was made by the 
 Church-officer that he had made enquiry, and had been 
 told by the people of Mr Roxburgh's family, that he uses 
 to put up there, and that hitherto there is no notice of 
 him, it being upwards of a quarter of an hour after 
 twelve on the town-clock." There was no letter of ex- 
 cuse from him nor from Messrs Hunter, Steadman, or 
 Daling. Mr Listen of Aberdour wrote to the eflfect, 
 that " such was the weather and his indisposition, that he 
 could not attempt coming to Inverkeithing that day." 
 
272 ANXALS OF THE ASSEMBLY. [1752. 
 
 Messrs Stark of Torryburn, and Fernie of Dunfermline, 
 sent a joint-letter, stating that " as their difficulties still 
 remained, and they had ground to think that their taking 
 part in the admission would tend to increase the flame 
 already raised in their bounds, and in a great measure 
 mar their own usefulness, they had not freedom to be 
 active in it ; but, at the same time, resolved to treat all 
 their brethren in the Presbytery luith decency and re- 
 spect^ ^c." Mr Stoddart's letter has already been given 
 in the note at page 141. Mr Spence not having made 
 his appearance, the Presbytery appointed Mr Bathgate 
 of Dalgety, to preside, who preached on Matt. xvi. 18. 
 " Thou art Peter," &c. ; and then admitted Mr Richard- 
 son to be minister of Inverkeithing, with the usual for- 
 malities. 
 
 The author of the pamphlet already quoted, entitled 
 <' A Just View of the Constitution of the Church of Scot- 
 land, and of the proceedings of the last General Assem- 
 bly in relation to the deposition of Mr Gillespie," gives 
 the following as a statement of facts, " which," he says, 
 " will not be contested." 
 
 '• The people of the parish had no colour of an objec- 
 tion to the presentee. Mr Richardson's character as a 
 minister, his reputation for preaching, for his distinguish- 
 ed loyalty,* is so well established, that there are few pa- 
 rishes in Scotland who would not gladly accept of him : 
 and the people of Inverkeithing, when he was first pro- 
 posed to them, discovered no sort of aversion to him ; 
 
 * There is probably a reference here to Two Sermous which Mr Rich- 
 ardson, when minister of Broughton, preached and published about the 
 time of the Rebellion, with the title of " A True and an Arbitral y Go- 
 vernment compared." In 1759, there appeared from him, "The Ne- 
 cessity, Usefulness, and Importance of Social Worship, and Public Instruc- 
 tion, with a Dissertation on Positive Institutions" — extracts from which 
 have been given by Sir John Sinclair, in his " Analysis of the Statistical 
 Account of Scotland." Expecting; to tind some notice of it in the periodi- 
 cals of the day, I consulted the Scots Magazine for J 759, and found the 
 only thing said about it is what follows, which one may almost suspect to 
 have been written by a member of the Relief: — " Critics in the English 
 language will perhaps consider the following erratum, relating to these and 
 those, marked in this book, viz., ' This hath been the constant practice of 
 the Churches; not only oi those which have, in a great measure, adhered or 
 returned to the original plan of geuuine Christianity; but also of those, 
 which, in different respects, have departed, and continue swerving, from 
 the purity and simplicity of the divine commandment.' Erratum, 'for the 
 second those, read these/" 
 
1752.] DEPOSITION OF MR. GILLESPIE. 273 
 
 but, on the contrary, seemed to be fond of his being their 
 minister, until once he accepted of the presentation. Here 
 is the cause, then, of this mighty struggle they have made, 
 his accepting the presentation ; a thing which the law 
 requires, is necessary to entitle a man to the benefice, and 
 which at any rate it was not in his power, nor in the 
 power of the Church, to remedy. It is easy to see, what 
 countenance an opposition so wanton, so unjust and ill 
 founded, merited ; and what must be the consequences, if 
 parishes are gratified in such unreasonable humours. Be- 
 fore and after the appointment of the Church to proceed 
 to the settlement, out of 1200 examinable persons in the 
 parish, no more than 150 heads of families appeared against 
 him, and they never offered one single objection. When 
 the last Assembly appointed the Presbytery of Dunferm- 
 line to proceed to the settlement, there was a majority of 
 legal voters for him, and the concurrence of twenty-four 
 heads of families with his call, formally given in : and on 
 the day when he should have been admitted, there were 
 three more of the town-council, with a good number of 
 the heads of families, ready to have signified their con- 
 currence to the Presbytery, had they met ; and who ever 
 since his admission have gone regularly to hear him. 
 When at last he was admitted, there were twenty-four 
 legal voters for him against sixteen ; amongst the first 
 were all the landed interest, except one feuar of £31, Scots 
 of valued rent. Now, let any impartial man judge, if the 
 sentence of the last Assembly, appointing the admission 
 of Mr Richardson, contradicted any of our standing Acts, 
 when there was an undoubted presentation, a majority of 
 legal voters, an opposition only from 150 heads of fami- 
 lies out of a parish consisting of 1200 examinable persons, 
 and that opposition founded entirely upon the most un- 
 just and causeless prejudices, viz. Mr Richardson's hav- 
 ing accepted a presentation." 
 
 The following are the reflections of Sir Henry Mon- 
 crieff: — 
 
 " The censures of the Church, on this occasion, fell on 
 individuals, who were all acknowledged to be men of in- 
 tegrity and principle ; of whose sincerity there was no 
 suspicion. Mr Gillespie, in particular, on whom the se- 
 verest censure fell, was charged with nothing but absence 
 from Inverkeithing, on the day appointed for the indue- 
 
274 ANNALS OF THE ASSEMBLY. [1752. 
 
 tion of the presentee : for, excepting his attendance, he 
 had no oflBcial duty imposed on him, which could have 
 been affected by his absence. It has always been admit- 
 ted, by those who had best access to know him, that no- 
 thing but what he considered as a sense of duty, had pre- 
 vented him from obeying the appointment of the Assem- 
 bly. He was indeed one of the most inoffensive and up- 
 right men of his time. He was equally zealous and faith- 
 ful in his pastoral duties ; and his private life was irre- 
 proachable. His talents were certainly underrated by 
 those who marked him out, among his brethren, as the 
 most eligible victim of a disobedience, in which so many 
 were associated. But he had done nothing to distinguish 
 him from the rest. He had never entered deeply into 
 ecclesiastical business, and was at no time a political intri- 
 guer. And, when all these circumstances are considered, 
 there was at least great reason to have hesitated in pro- 
 nouncing on him a sentence of deposition. But the As- 
 sembly seized on this occasion, to bear down, by a strong 
 example, all future opposition to church authority. His 
 deposition gave rise to a new sect of Dissenters, after- 
 wards known by the designation of ' the Presbytery of 
 Relief;' which has maintained itself ever since, and has 
 added a considerable population to the Dissenters from 
 the Established Church. Mr. Gillespie became the founder 
 of this sect, very unwillingly. He was partial to the Es- 
 tablishment to the end of his life ; and of this he gave a 
 striking proof, when, on his death-bed, he advised his 
 congregation to apply to the Church, after his decease, to 
 be restored to her communion — which they afterwards 
 successfully did."* 
 
 As to the ministers who were absent on the day of the 
 ordination, the excuses of Messrs. Stark (of Torryburn), 
 Fernie, Liston, and Stoddart, appear to have been sus- 
 tained as valid by the Synod of Fife ; and Mr. Steadman 
 of Beath, seems likewise to have made a submission which 
 proved satisfactory. But Messrs. Spence of Orwell, Hun- 
 ter of Saline, and Doling of Cleish, were, in consequence 
 of the Assembly's sentence, ipso facto suspended from 
 their judicial functions in all Church-courts, except their 
 own Sessions ; and under this sentence they remained 
 
 * Appendix to the Life of Erskine, p. 460. 
 
1752.] DEPOSITION OF MR. GILLESPIE. 275 
 
 until the Assembly 1765 (a period of thirteen years), when 
 on a Report from the Committee of Overtures, that "these 
 g-entlemen had, since falling under that sentence, behaved 
 with all due submission, and lived in good correspondence 
 with their brethren, and that the Presbytery of Dunferm- 
 line must sustain a loss through the want of their assist- 
 ance," — the Assembly took off the sentence of suspension, 
 and reponed these brethren to their former judicative ca- 
 pacity. 
 
 With respect to Mr. Gillespie's conduct immediately 
 after his deposition, the writer of "a Letter by a Lay- 
 man," published in his defence, says : — " To this sentence, 
 however, he has submitted in its full extent, readily re- 
 linquishing all the temporal emoluments arising from the 
 legal Establishment. On the Lord's day following, he 
 would not so much as preach in the church of Carnock 
 [as some of the deposed Seceders had continued to do in 
 their churches], nor allow the bell to be rung, but re- 
 paired to the open fields, and having chosen for his text, 
 1 Cor. ix. 16. For necessity is laid upon me ; year, woe is 
 unto me if I preach not the Gospel, — he told his hearers, 
 that though the Assembly had deposed him from being a 
 minister of the Established Church, for not doing what he 
 believed it was sinful for him to do, yet he hoped, through 
 grace, no public disputes should be his theme, but Jesus 
 Christ and Him crucified ; — he desired at all seasons to 
 have it in his eye, that the icrath of man icorketh not the 
 righteousness of God, and then went on to lay before them 
 the great and fundamental truths of the everlasting Gos- 
 pel, without one reflection on all that had passed." 
 
 Why the Assembly should have been almost unanimous 
 in singling out Mr. Gillespie as the victim, has never been 
 very satisfactorily explained. Sir Henry Mo?2crieff seems 
 to ascribe it to the supposed comparative inferiority of his 
 talents ; but we possess no evidence of the Assembly hav- 
 ing formed that opinion of him ; and, adjuitting them to 
 have done so, it ought surely to have been rather a plea 
 for leniency. Nor is there any proof of his having been 
 more active in opposing Mr. Richardson's settlement than 
 the rest. The two members who defended the Presby- 
 tery at the bar of the November Commission were Messrs. 
 Spence of Orwell and Hunter of Saline. The former was 
 the person appointed to preside at the admission—- an ap- 
 
276 AXNALS OF THE ASSEMBLY. 1752.] 
 
 pointment Avhicli he disobeyed — yet was there only one 
 vote for his deposition ; and for the deposition of the other 
 not one voted, — although, judging from the Presbytery 
 records, he was not the least forward in the whole busi- 
 ness. The only thing we can trace on the face of the 
 proceedings which may have made Mr. Gillespie peculiarly 
 obnoxious at the close, was his giving in an additional 
 representation, where he persisted in quoting from a pa- 
 per,* the allusion to which, in the Jirst representation, 
 " had," he admits, '' been considered by some members 
 as an aggravation of the non-compliance with their order." 
 
 There were, moreover, circumstances in the former 
 history of Mr. Gillespie which may, on this occasion, have 
 operated against him in the minds of many. When a 
 student of divinity, he had gone to Perth to attend the 
 lectures of Mr. Wilson, the Seceder Professor; and, 
 though he continued there only ten days, being dissatisfied 
 with their principles, he had afterwards (in the year 
 1740) gone to England, and received license and ordina- 
 tion from a Class of English Dissenters, Dr Doddridge 
 being Moderator. It is likewise rather a remarkable cir- 
 cumstance, and not generally known, that when he signed 
 the Formula and Confession of Faith at his admission at 
 Carnock, it was with an explanation or reservation re- 
 specting the power of the civil magistrate.\ 
 
 After his deposition, he continued for some months to 
 preach in the fields ; but a meeting-house having been 
 provided for him at Dunfermline, he regularly officiated 
 there during the following winter and spring, " waiting 
 patiently the event of the Assembly 1753." When that 
 body met, two petitions, and several overtures and instruc- 
 
 * The paper referred to is not to be found in the printed Acts of 
 Assembly ; but in the " Letter hy a Layman" published a few days 
 after Mr. Gillespie's deposition, copious extracts are given from it, of 
 which the following is the most remarkable : — *' That it is well known, and 
 has always been declared, that the foiesaid Act of Queen Anne, restoring 
 patronages, was imposed upon this Church by means of persons of our own 
 country, who were enemies to the Protestant succession, as they soon after 
 discovered in the strongest manner, and enemies to this Church, by reason 
 of her inviolable adherence to that succession ; and was by them intended to 
 afflict and oppress this Church, and create discontents amongst the people 
 therein, and to open a door for patrons, arbitrarily to impose upon the peo- 
 ple, as ministers, persons proper for instilling into their minds principles of 
 disloyalty and disaffection to our present happy constitution." 
 
 f Aly authority for these facts is the " Case for the Donors" of his churchy 
 laid before the Assembly of 1774. 
 
1752.] DEPOSITION OF MR. GILLESPIE. 277 
 
 tions, in relation to the reponing of Mr. Gillespie and the 
 three suspended brethren, were taken under consideration 
 on Wednesday the 30th May. One of the petitions was 
 from certain heritors, elders, and heads of families, of the 
 parish of Carnock, setthig forth the good success which 
 Mr. Gillespie's ministry had had amongst them ; and there- 
 fore craving, that it might please the Venerable Assembly 
 to remove the sentence of deposition, and repone him again 
 to his ministry and labours among them. The other pe- 
 tition was from the Presbytery of Dunfermline, represent- 
 ing their being sensible of the loss they sustained by the 
 deposition of Mr. Gillespie, and the suspension of Messrs. 
 Hunter, Baling, and Spence, from sitting in church-judi- 
 catures ; and craving that it might please the Venerable 
 Assembly to restore Mr Gillespie to the exercise of his 
 ministry in this Church, and the other three brethren 
 to the full exercise of their judicative capacity, upon 
 such application from themselves as should seem proper 
 to the Venerable Court, and directly to appoint Mr. Gil- 
 lespie to supply the vacancy of Carnock. To this petition 
 was subjoined a declaration of the sentiments of two of 
 the ministers,* that they could not approve of this mea- 
 sure of the Presbytery, because none of the brethren 
 mentioned in the petition had signified their desire to the 
 Presbytery to make such an application in their name. 
 After the petitions, the overtures relative to this affair 
 were read. At the desire of some members, the Mo- 
 derator inquired, if any application to the Assembly was 
 given in to the committee for bills from Mr Gillespie, or 
 from the other three brethren, to have the censures in- 
 flicted upon them by last Assembly taken off? and was 
 answered, That there was not. JbJeing desired, he fur- 
 ther inquired, if any member was possessed of any such 
 application from him or them ? To which no answer was 
 made as to Mr. Gillespie; but as to the other three 
 brethren, Mr. John Erskine represented, That by a let- 
 ter he had from them, and what had formerly passed in 
 conversation with them, he was assured, that their not 
 applying did not proceed from any disrespect ; but that 
 the reason of it was, that the sentence of the last Assem- 
 bly, suspending them from acting in their judicative ca- 
 
 * No doubt these were Messrs. Thomson of Dunfermline, and Bathgate 
 of Dalgety. 
 
 2 A 
 
278 ANNALS OF THE ASSEMBLY. [1752. 
 
 pacity, had made the condition of their being reponed 
 such as they had not freedom in their minds to comply 
 with : but that from their regard to the authority of the 
 Church, they would continue humbly to submit to the 
 censure, till the Assembly should think fit to loose them 
 from it. The case of Mr. Gillespie was then taken under 
 consideration. After reasoning at great length, the ques- 
 tion was put, Repove or Not ? by Repone being meant, 
 to restore him to the exercise of his office as a minister of 
 this Church, and a capacity of a call to a parish in the 
 Establishment ; and by Not, that it should be open to Mr. 
 Gillespie to apply when he pleases to the Assembly for 
 his being reponed. It carried Not, by a majority oi three* 
 
 A motion was made, next sederunt, that the Commis- 
 sion be empowered to take in Mr Gillespie's case, and 
 give judgment upon it, upon application from him, signi- 
 fying that it is his earnest desire to be reponed, and that 
 he would esteem it as a privilege. After some debate, 
 it was proposed to put the question. Agree to the motion, 
 or Not ? But it being the opinion of some members, 
 that the putting of this question was inconsistent with the 
 honour of the court, and the resolution passed by them 
 on VYednesday, it was agreed to put the previous ques- 
 tion. Whether a question should be put upon the motion or 
 Not ? and it carried Not by a majority of three. 
 
 It was not until after these decisions of the Assembly 
 1753, (carried, it will be seen by very narrow majorities,) 
 that Mr Gillespie constituted a Session and Congregation, 
 though I find it alleged that he had, before this period, 
 baptized children without proper certificates. The prin- 
 ciples upon which his church was formed are thus de- 
 scribed by the proprietors, in their application to the As- 
 sembly of 1774, to receive it as a Chapel of Ease, in con- 
 nection with the Established Church :^- 
 
 " It cannot be denied, but that the motive for which the 
 people subjected themselves to his ministry, was pure 
 regard to him, and upon the account of his suflPerings, and 
 not from any divisive principles ; and that many of them 
 continued to join occasionally in communion with the 
 Church ; and as a proof that he was of no divisive princi- 
 ples from the Church of Scotland, he invited several of 
 the ministers to assist him at his first communion at Dun- 
 fermline, and for several years continued to write letters 
 
1752.] ORIGIN OP THE RELIEF. 279 
 
 to them for their assistance ; and when he was no longer 
 favoured with it, although he might have got assistance 
 from dissenting ministers in England, he choose rather to 
 take the whole of the communion-work upon himself, 
 which he did no less than thirteen times alone ; and every 
 one of those times, which was within ahout five years, he 
 preached no less than nine sermons, and served seven or 
 eight tables, besides all his other private work at that 
 time. During the course of his ministry at Dunfermline, 
 he admitted persons to the sacrament, on producing lines 
 from ministers of the Church of Scotland, refusing none 
 who brought lines from any of their ministers ; and as 
 freely gave lines to any of his hearers who wanted to join 
 occasionally in the Church of Scotland. 
 
 " The step he at last took in taking assistance, will ap- 
 pear to have flowed from pure necessity, as, perhaps, not 
 one man has gone through as much ministerial work in so 
 short a time, in a century. And to show that he still re- 
 tained an aflFection to the Church of Scotland, — towards 
 the close of life he was for his people uniting in connec- 
 tion with that Church, as those in Leith, and the Relief 
 Congregation now in Glasgow have done : and indeed he 
 was the more ready to advise that, as he knew the most 
 solid part of his people was always of those sentiments." 
 
 The formation of the " Presbytery of Relief" did not 
 take place till nine years after INIr. Gillespie's deposition. 
 It was constituted at Colinsburgh in Fife, on the 22d Oct. 
 1761, the original members being Mr. Gillespia, a Mr. 
 Collier, and Mr. Thomas Boston, (son of Boston of Et- 
 trick,) formerly minister of the parish of Oxnam, and after- 
 wards of the Relief Congregation of Jedburgh. 
 
 An overture for taking off from Mr. Gillespie the sen- 
 tence of deposition, was brought before the Assembly of 
 
 1769. The vote was put. Approve or Delay till next As- 
 sembly^ and it carried Delay, 65 to 61. At the Assembly 
 
 1770, the question proposed was Repone or Not^ and the 
 numbers were Repone 39, Not 72. 
 
 Mr. Gillespie died on the 19th Jan. 1774. There appear- 
 ed a few months after his death, his *' Treatise on Tempta- 
 tion," edited by Dr. Erskine. In 1771, he had published 
 '' An Essay on the continuance of Immediate Revelations 
 of facts, and future events in the Christian Church ; with 
 a letter on the danger of considering the influences of the 
 2 A 2 
 
280 ANNALS OF THE ASSEMBLY. [1752. 
 
 Spirit, as a rule of duty, by the late Mr James Cuthbert, 
 minister of Culross ; and a preface by Dr. John Erskine."' 
 Though the application to receive Mr. Gillespie's chapel 
 into communion with the Establishment was made to the 
 Assembly of 1774, yet being- keenly opposed by the min- 
 isters of Dunfermline, the measure did not finally pass 
 until 1779, a period oi Jive years — which shows at once 
 the anxiety of the people to rejoin the Church, and the 
 cruel impolicy of throwing- so many obstacles in their way.* 
 
 We now resume the account of the other proceedings 
 of the Assembly. 
 
 A petition of Mr David Thomson, minister of the Eng- 
 lish Reformed Church of Amsterdam,-}- in behalf of the 
 German Protestant Churches settled in Pensylvania and 
 other parts of North America, was presented ; setting 
 forth their distressed circumstances for want of ministers 
 and schoolmasters, and the means of supporting them ; 
 and craving that a collection should be made at the 
 Church-doors for them. With this petition were pre- 
 sented letters from three several bodies, by whom Mr. 
 Thomson was commissioned to apply to their brethren in 
 Great Britain and Ireland, and earnestly implore their 
 assistance in this common cause of Christianity and the 
 
 * The proceedings of the Assembly 1752, in the case of Mr Gillespie, 
 called forth a vaiiety of anonymous pamphlets. In defence of the Assem- 
 bly, there appeared " A Just View of the Constitution of the Church of 
 Scotland," already noticed at p. 242': " the General Assembly Vindicated,'* 
 (in answer to the " Loud Cry" mentioned afterwards) : " Some thoughts 
 relating to the submission due to the Supreme Judicature of the Church," 
 in Two Letters. — On the other side of the question, there appeared " a 
 Letter by a Layman:" " A Loud Cry for Help to the Struggling Church 
 of Scotland :" "The Terms of Ministerial and Christian Communion im- 
 j)osed by a prevailing party in the General Assembly," with an Appendix 
 relating to the " Just View," &c. : " A Juster View of the Constitution of 
 this Church ; in answer to the 'Just View,' and to the new principle of 
 the right of Presbyteries to elect the pastors in their bounds:" "Private 
 Judgment Defended, or the lawfulness and duty of refusing obedience to the 
 highest Church judicatures, when their commands are judged unlawful:" 
 " The Nature of the Ecclesiastical Government, &c.," (by the author of 
 the "Terms of Communion.") "Inquiry into the powers committed to 
 the General Assembly, and the Nature of Deposition from the Ministry." 
 
 f He was afterwards at Rotterdam, and then became minister of Gar- 
 gunnock ; and in an evil hour, accepted a presentation to St. Ninians, 
 which brought him into much trouble. He was a correspondent of Dr. 
 Erskine. See Moncrieff's Life, p. 153. 
 
1752.] MANAGEMENT OF THE POOR. 261 
 
 Protestant religion, viz. one from the deputies chosen by 
 the Synods of Holland for promoting this charitable 
 work, another from the Presbytery of Amsterdam, and a 
 third from the consistory of the English Reformed 
 Church there. A collection was appointed to be made 
 accordingly. 
 
 Upon a narrative, " That a great many Preshyteries 
 neglect to send up their opinions concerning overtures trans- 
 mitted to them, by which the considering of several over- 
 tures hath been postponed," the Assembly enacted, That 
 when an overture has been twice transmitted, the As- 
 sembly will, without further transmission, take it into 
 consideration, and pass it into an Act, or reject it, as they 
 shall see cause, although Presbyteries shall not have sent 
 up their opinions. 
 
 A committee of twenty- two ministers and eleven rul- 
 ing elders, of whom five to be a quorum, three of these 
 to be ministers and two ruling elders, were appointed to 
 draw up a complete set of rules^or regulating the method 
 of procedure in causes before the Assembly^ to be laid be- 
 fore the Commission in November, who are to prepare 
 them fully for next Assembly. 
 
 The following persons, viz.^ The Moderator, Prin- 
 cipal Campbell of Glasgow, Principal Muirison, Pro- 
 fessor Lumisden, Professor Pollock, Messrs. James 
 Mackie, Robert Paton, Alexander Maclagan, Alexander 
 Gordon, Alexander Macbean, Robert Hamilton, George 
 Fordice, George Kay, Gilbert Hamilton, John Hynd- 
 man, Robert Thomson, James Allan, William Walker, 
 Theodore Gordon, David Duncan, and William Rennet, 
 ministers, and the Lords President, Justice-Clerk, Advo- 
 cate, Drummore, Shewalton, Provost of Edinburgh, and 
 Conservator [of Campvere], Messrs. Andrew Pringle, Gil- 
 bert EUiot, David Dalrymple, Robert Pringle, James 
 Erskine, Robert Dundas, and .James Anderson, and Con- 
 vener Ker, ruling elders, were named as a committee to 
 have under consideration what is the power of kirk-sessions 
 in the management of the poors money, (see p. 187, 218,) 
 and to report their opinion to the Commission in Novem- 
 ber ; who are appointed to prepare an overture thereupon 
 to the next Assembly. Of the above committee seven are 
 to be a quorum, four of these to be ministers. 
 
 The General Assembly, in respect of a late Act ot; 
 2a 3 
 
282 ANNALS OF THE ASSEMBLY. [1752. 
 
 Parliament changing the Calendar^* appoints, that the 
 Synods which usually met on the first Tuesday of April 
 or October, shall meet on the second Tuesday of these 
 months, according to the new style ; that those who 
 have been in use to meet on the second Tuesday of the 
 said months, shall meet on the third Tuesday new style, 
 and so of the rest, advancing a week in the denomina- 
 tion of the days, whatever month or week of that month 
 any of the Synods have been in use to meet in ; and such 
 Synods as have already adjourned, shall have their next 
 meeting according to the above appointments. 
 
 A Latin Letter of thanks received from the Protestant 
 Church of Breslau in Silesia, for the collection made 
 through Scotland for relief of that Church, in pursuance of 
 the General Assembly's recommendation in anno 1750. 
 
 The report of the Commissioners appointed by the 
 General Assembly 1750, to apply in their name to the 
 King and Parliament for the purpose mentioned in their 
 Commission, (the Augmentation Scheme) called for, pro- 
 duced and read, containing an account of their proceed- 
 ings, as recited in their letter to the last Assembly, with 
 what was done since that time, and that at last theh' af- 
 fair ivas put off by the House of Commons near the end of 
 the Session ; the faithfulness and diligence of the said 
 Commissioners approved of, and the thanks of the Assem- 
 bly returned to them for the part they acted, as hav- 
 ing done all in their power in the important aflPair com- 
 mitted to them. [The Commissioners' Report specially 
 bore, that the business was delayed by the Mid-Lothian 
 Committee. " So much time was spent in preparing the 
 affair for the Committe (of the House of Commons,) that 
 sufficient time was not left for bringing in a bill upon our 
 petition, that could be carried through both houses during 
 that Session ; and at last, it was put off near the end of 
 the Session in a thin meeting, when all our friends were 
 gone to the country, and, but a few more in it, than was 
 sufficient to make a quorum.^ 
 
 * By this Act, the clay which followed Wednesday, Spptember the 2d, 
 was called Thursday, September the }4ih. The Trustees of the Widows' 
 Fund ordered the annual lists which used to be made up to November lltb, 
 to contain henceforth all facts down to November 22d ; and Annuities 
 formerly payable at Whitsunday, were made not payable till the 26th of 
 May. The change gave rise to various disputes about stipend, crop, &c. 
 
1752.] SETTLEMENT OF TERREAGLES. 283 
 
 A petition and complaint of the patron, heritors, and 
 others of the parish of Terr eagles^ callers of Mr. George 
 Heron, minister at Island-JNIacghie in Ireland, to be 
 their minister, against the Presbytery of Dumfries for 
 not obeying the sentence of the Commission in November 
 last, appointing them to proceed to the settlement of Mr. 
 Heron at Terreagles on the 20th of February thereafter, 
 together with a representation by the said Presbytery, 
 containing their reasons for delaying to execute the said 
 sentence of the Commission in November, until first they 
 had a conference with him. As also, the procurator for 
 certain heritors and others of the said parish, opposers 
 of Mr. Heron's settlement, who had protested for liberty 
 to complain of the said sentence of the Commission, 
 heard ; the Commission found not to have exceeded their 
 powers ; and it being proposed that before proceeding 
 to Mr. Heron's settlement, there should be a conference 
 held with him by the Presbytery, joined with some min- 
 isters of the Synod, the Assembly appointed the Presby- 
 tery to proceed, without any conference, to the admission 
 of Mr. Heron as minister of Terreagles, betwixt and the 
 20th day of August next ; and the Commission empower- 
 ed to determine in any reference or appeal that may be 
 brought before them with respect to that settlement. The 
 Presbytery of Dumfries are advised to give notice to 
 Mr. Heron of the above appointment, by writing both to 
 himself and the Presbytery in Ireland to which he be- 
 longs. [This case had also come before the March Com- 
 mission, but it was held not to have been brought up 
 regularly, the Presbytery being sisted " before the Com- 
 mission," or " before the Assembly," and this alternative 
 was deemed fatal to the citation. The difficulty which the 
 Presbytery chiefly founded upon in their opposition to the 
 settlement was. " an alleged conference Mr Heron should 
 have had with the elders" — in which I presume they had 
 found his answers unsatisfactory. The Presbytery after- 
 wards proposed, " that any of their number might in 
 court converse with Mr. Heron upon such points of Di- 
 vinity, as should give satisfaction as to his ability and fit- 
 ness for being minister of Terreagles, where it was alleg- 
 ed popery prevailed. This Mr. Heron modestly declined, 
 as carrying along with it a tacit reflection on the Presby- 
 tery of Ireland where he was ordained." The Assem- 
 
284 AXNALS OF THE ASSEMBLY. [1752. 
 
 bly held, that as he was already an ordained minister, he 
 was presumed to be sufficiently qualified, so that there 
 was no necessity for such a conference. On the question 
 being put, " Conference or Not^' it carried Not. There 
 appeared immediately after, two pamphlets by Mr, 
 John Lawson of Closeburn, a member of the Presbytery ; 
 the one " A speech concerning the settling of parishes 
 generally, and particularly that of Terreagles" — the other 
 " The Discovery of a most enormous evil, highly danger- 
 ous to Presbyteries, and to the Constitution of the Church 
 of Scotland, and a remedy thereof." The "enormous 
 evdl" appears to have been the recognition by the Assem- 
 bly of the validity of Irish ordination.] 
 
 An appeal of John Carruthers of Holmains, patron of 
 the parish of Dalton^ from a judgment of the Synod of 
 Dumfries, finding two sentences pronounced by the Pres- 
 bytery of Lochmaben to be premature, the first dated 
 19th December last, sustaining a presentation granted by 
 him to Mr. William Gullan, probationer, to be minister of 
 the said parish, and the other dated 3d of JVIarch there- 
 after, refusing the desire of a petition by several parish- 
 ioners for a moderation at large, and remitting back to 
 the Presbytery to proceed in this cause, as if no such in- 
 terlocutors had been past, heard, — with a petition of the 
 said Presbytery, appellants, from the above recited 
 judgment of the Synod ; Mr James Lindsay, a member 
 of the said Presbytery also heard upon the subject mat- 
 ter of his complaint and dissent from their proceedings : — 
 and the said Presbytery, appointed to moderate in a call 
 to the said Mr. William Gullan, the presentee, alone, in 
 order to his settlement as minister of Dalton, according to 
 the rules of the Church. 
 
 It will be seen, that there had appeared at the bar in 
 the foregoing case, Mr James Lindsay of Lochmaben, a 
 dissenter from the Presbytery's proceedings. But it was 
 objected that he had no right to appear as a party, 
 considering an opinion of the Assembly 1738, as to 
 the right of a member of court to dissent, and to take a 
 protest, and complain to the superior judicatory in a case 
 where he was not directly a party. It was agreed to 
 hear Mr Lindsay upon the subject matter of his com- 
 plaint, and that the A ssembly shall afterwards take the 
 question under consideration, how far a member of an in- 
 
1752.] OVERTURE ANENT DISSENTS. 285 
 
 ferior court shall be allowed to bring a sentence of that 
 court by a complaint before a superior judicatory, in 
 order to the reversing of such sentence, and that the As- 
 sembly shall foi-m a new resolution thereon for the time 
 to come. Accordingly, the Assembly remitted to the 
 Committee for overtures, to prepare and bring in an over- 
 ture, and on their report, the following overture was or- 
 dered to be transmitted to Presbyteries, that they may 
 report their opinion of it to next Assembly. " The Ge- 
 neral Assembly considering, that the appearing of Dis- 
 senters against particular judgments of inferior courts, 
 hath created much trouble to the superior judicatures : 
 for remedying whereof in all time coming, enact and or- 
 dain. That in all causes litigated betwixt parties before 
 any inferior judicatures, when judgment is given in such 
 way as one or more members think themselves obliged to 
 dissent, this shall give them no title to appear before su- 
 perior courts in opposition to such judgment, unless they 
 be called upon to defend themselves against censure, ac- 
 cording to the Act of Assembly 1644 anent dissenting 
 voices." 
 
 The question regarding the admission of the Chaplain 
 of Edinburgh Castle to a seat in the Presbytery, (which 
 had been referred to the last Assembly, see p. 217), came 
 before the present Assembly for a final decision. The 
 Presbytery had, by a majority, agreed to his admission, 
 but there were in the minority respectable names belong- 
 ing to both parties in the Church. The Synod affirmed 
 the Presbytery's judgment ; and the case now came up by 
 " a petition and complaint of Principal Wishart, Messrs. 
 Robt. Wallace, Alex. Webster, and John Jardine, that 
 judging the constitution of this Church, and their own 
 rights as members thereof, lesed by the said judgment, ad- 
 mitting Mr. John Johnston, Chaplain of a company of foot 
 and garrison in the Castle of Edinburgh, a member of the 
 Presbytery of Edinburgh, &c." There hkewise appeared 
 as Dissenters from the Synod's sentence, Messrs. Thomas 
 Turnbull, William Robertson, John Home, Alexander 
 Carlyle, George Logan, Alexander Glen. The day pre- 
 vious it had been agreed, in order "#o save the Assembly's 
 time from being taken up by a number of parties speaking 
 at the bar,'' that two only shall be heard on either side of 
 the question. This resolution having been now intimated^ 
 
286 ANNALS OF THE ASSEMBLY. [1752. 
 
 a doubt arose as to who were proper parties. It was 
 agreed that those wlio were constituent members of the 
 Synod and Presbytery, when this cause was determined, 
 are not to sit as judges in the Assembly; and that those 
 elders who had been elected by their respective Sessions 
 to represent them in the Presbytery, and ensuing meeting 
 of the Synod, or that were at the opening of the Synod 
 reported by their ministers to have been elected, loere 
 constituent members. Then Messrs. Robert Wallace and 
 Alexander Webster were heard on the part of the Dis- 
 senters and Complainers, and Messrs. James Watson and 
 John Hyndman for the Synod and Presbytery; when, 
 after long reasoning, the sentences complained of were 
 G^^rmec? without a vote. — The primary object of Mr. John- 
 ston's application seems to have been to obtain a right to 
 be admitted a contributor to the Widow's Fund (see p. 
 63). He did not remain in Edinburgh long after this, 
 having in 1754 exchanged situations with Mr. Haig, the 
 unpopular presentee to Biggar. 
 
 A sentence of the Synod of Fife, affirming a judgment 
 of the Presbytery of Cupar, sustaining a call by the heri- 
 tors and elders of the parish of Abdie to Mr Robert Win- 
 gate, to be minister of that parish, affirmed by a great 
 majority, and the said Presbytery appointed to proceed 
 to his trials and settlement as minister of the parish of 
 Abdie, according to the rules of the Church. The other 
 candidate was Mr. Robert Deans, whose friends alleged 
 that he had the majority of legal electors. 
 
 The Overture brougiit in concerning the manage- 
 ment of the pubHc funds of the Church, and paying 
 off the debts contracted thereon, read and approven, 
 bearing, that payment be made to Mr. David Dalrymple, 
 procurator for the Church, of the sum of £819. lOs. Id. 
 sterling, debursed by the Conwiissioners sent to Londoriy 
 with interest thereof from Whitsunday last, till it is re- 
 paid ; that the viaticums for this year be paid ; that the ex- 
 pense of carrying on processes at the public charge, al- 
 ready ordered by the Assembly, shall be defrayed by 
 the agents for the Church, till such processes are brought 
 to a conclusion ; that till the principal sums and growing 
 interests thereof, due by the Church, is cleared off, no 
 more viaticums are to be paid ; nor any more processes 
 earned on at the public charges of the Church. That, 
 
1752 ] CASE OF MONCRIEFF OF BRESSA. 287 
 
 till these debts are paid off, the Church's Funds shall be 
 laid out as follows, viz., Irao, For paying the salaries due to 
 their officers ; 2do, The interest growing annually due on 
 the debts owing by the Church, and the expense of the 
 processes already ordered to be carried on ; 3tio, The 
 debt due to Messrs. Wallace and VVishart (see p. 63) ; 4to, 
 The debt due to Mr. Woodrow(see p. 35); and, lastly, the 
 debt due to the Commissioners sent to London. Several 
 of the lawyers, members of the Assembly, having, in 
 order to save the expense of the Church, signified their 
 readiness to appear in causes wherein the Church may be 
 concerned, gratis^ received the thanks of the Assembly. 
 
 The procurator and agents for the Church appointed to 
 appear in their stations, in a process at the instance of the 
 Synod of Merse and Teviotdale, for having the parish of 
 Longnewton provided with a minister of its own, or an- 
 nexed to some neighbouring parish ; and to call for the 
 assistance of the other gentlemen lawyers who have offered 
 their service to the Church. 
 
 A report from the committee for overtures respecting 
 a letter produced to them, directed to the Moderator of 
 this Assembly, subscribed by heritors and elders of the 
 united parishes of Bressa and Burra in Zetland, complain- 
 ing of their want of gospel ordinances, through the long 
 absence of their minister, IVIr. Matthew Moncrieff, and in- 
 closing two petitions which had been given in to the Pres- 
 bytery of Zetland, complaining as above, and craving re- 
 dress, brought in, bearing, that the committee had heard 
 Mr. John Barclay, member of this Assembly, from that 
 Presbytery upon this subject, and were informed, that 
 Mr. Moncrieff had been obliged to leave that place by 
 reason of want of health ; that from the time of his leaving 
 it, he had been endeavouring to provide one to supply his 
 charge, but had by certain accidents been disappointed ; 
 that now one was actually gone for that purpose ; and the 
 opinion of the committee, that a letter be written to these 
 elders, acquainting them with what is above represented, 
 and that it be left to the Presbytery of Zetland to give 
 judgment upon the said petitions and complaint as they 
 see cause, and that the Commission be empowered to take 
 in and finally judge of any question which may be brought 
 before them, by reference or appeal from that Presbytery 
 relative to the said complaint, approved of. 
 
288 ANNALS OF THE ASSEMBLY. [1752. 
 
 A petition of the Commissioners from the Presbytery 
 of Kintyre, bearing, that there are numbers of people in 
 their bounds who, tliough they can read the scriptures, 
 yet do not understand the same in the English language, 
 and, in regard the Irish Bible is entirely out of print, 
 craving the Assembly would grant them such a number of 
 the Irish Bibles, deposited by the Church in the divinity 
 libraries of Edinburgh and Glasgow, as they shall judge 
 proper ; referred to the Commission, that they may en- 
 quire into the facts therein set forth, and do therein as 
 they see cause. — [The Commission referred the matter to 
 the committee on the Royal Bounty.] 
 
 Reference to the Commission to consider a petition for 
 the trustees of the College of New Jersey, praying for a 
 national collection for the benefit of the said college. 
 
 Protestation admitted at the instance of the Synod of 
 Dumfries, against the Presbytery of Chirnside, and parish- 
 ioners of Ayton, for not insisting in their appeal from a 
 sentence of the said Synod, refusing to transport Mr. John 
 Dickie from Langholm to the said parish of Ayton. 
 
 The Moderator addressed the Assembly in the follow- 
 ing speech: — 
 
 "Right Reverend and Right Honourable, — As 
 you have done me the honour to place me in this chair, 
 and to repose so great a trust in me ; as you have approved 
 of the Report of the Commissioners appointed by the 
 General Assembly 1750, of whom I had the honour to be 
 one, to address King and Parliament for relief to many 
 ministers in circumstances of distress ; as you have unani- 
 mously passed our accounts, and provided in the best man- 
 ner yo2i could for the payment of them, — I am under the 
 strongest obligations to return you my most humble and 
 hearty thanks. We have not succeeded, and want of 
 success is often imputed to want of skill. You have can- 
 didly approven our conduct, and therefore I must be lost 
 to all gratitude, if I did not, upon every occasion, accord- 
 ing to the best of my abilities, promote the interests of 
 the Church of Scotland in general, and of every particular 
 member of it. The state of our Church is now better 
 understood than ever it was ; and I hope in God the time 
 will come when she shall be relieved in such a manner as 
 to give her a distinguished rank amongst the Protestant 
 
1752.] PROFESSOR Cuming's address. 289 
 
 churches. We may without vanity and ostentation, we 
 may with truth and confidence maintain, that in piety and 
 faithfulness, in the discharge of ministerial duties, and in 
 zeal for promoting true religion, she is excelled by none. 
 It must give us great pleasure that a correspondence is 
 carrying on with the churches of the United Provinces, — 
 and I doubt not but we cheerfully embrace the opportu- 
 nity now given us of propagating true religion in the 
 American Colonies, — that that religion which, with grief 
 of heart, we see languishing in many places amongst us, 
 may flourish there, and triumph over ignorance, idolatry, 
 superstition, and vice. Our strength, our dignity and 
 glory, will arise from the joint-endeavours of all ranks to 
 advance the true interests of religion and liberty. To 
 promote these great ends, let us lay aside all animosity, — 
 seek peace and ensue it with those who iiave differed 
 from us, — if we have provoked any, if we have been pro- 
 voked by any. Let it be our assiduous care to heal any 
 breaches that have been made, that we may defeat the 
 designs of our enemies, and render ourselves worthy of the 
 esteem of our friends. 
 
 "The General Assembly have decided several cases of 
 great importance. One there was which engaged the 
 attention of the whole Church, viz., the disobedience of 
 the Presbytery of Dunfermline to the orders of the Gen- 
 eral Assembly. His Majesty's Commissioner was pleased 
 in his speech from the throne to recommend with just con- 
 cern our preserving the regular subordination of our judi- 
 catories, which cannot be preserved without a just obedi- 
 ence to the orders of the Supreme Court. Something was 
 necessary to be done to remedy a growing evil, to prevent 
 anarchy, and strengthen that constitution which was set- 
 tled in the fifteen hundred and ninety-two, and confirm- 
 ed to us by the articles of the union. We are ministers 
 of the Gospel of Christ, — we are also ministers of a 
 Church established by law, but a subordination of ju- 
 dicatories is established by law. If this is not pre- 
 served, we give up our constitution, and the legal advan- 
 tages of it — we, ourselves, abandon that right we have by 
 the articles of the union. Far am I from thinking that 
 every difference in judgment destroys that subordination; 
 but what signify acts if they are not executed, and how 
 can there be any government, if there is no last resource, 
 
 2 B 
 
'290 ANNALS OF THE ASSEMBLY. [1752. 
 
 and what must follow, but a dissolution of this frame of 
 government, which will make it necessary that another 
 be established, for neither can we ourselves endure an- 
 archy, nor will the civil government suffer it to continue 
 long. It has been always said by our enemies; and, in- 
 deed, if it were true, it is the strongest argument against 
 Presbytery, that it has not strength to support itself. It 
 M^as therefore necessary that something should be done 
 to maintain the authority of the Church. I know it will 
 be a prejudice against what the Assembly have done, that 
 the argument was supported by several young members,'^ 
 but it was by young men in defence of our old constitu- 
 tion. The terms upon which we became ministers of the 
 Established Church are fixed and known, are approved 
 and subscribed to by us. If the consciences of some can- 
 )JOt come up to these terms which are thought essential 
 to our constitution, they may be deprived of the legal ad- 
 vantages of the Church. God forbid, that those who can- 
 not come up to these terms are not good men ! but this may 
 be said, that they are not good Presbyterians. And here 
 may I presume humbly to recommend it to my brethren, 
 nay, even to ray fathers in tne Church, to study the na- 
 ture of government, to cultivate your minds by learning. 
 I confess the narrow circumstances of a great many deny 
 them opportunities of making learned improvements. 
 Happy were it for us, if the great business of our Assem- 
 blies were to promote learning, as well as true religion. 
 The genius of our countrymen is as good as that of others ; 
 but we do not make the same figure in the learned world 
 tliat others do, that they once did. To inquire into the 
 causes of this is too delicate a subject for me to enter 
 upon, and would take up more time than your patience 
 would allow. Certain it is, that every man has some- 
 thing peculiar in his character by which he is distinguish- 
 ed from every other man. Great improvements have been 
 made in science, and great entertainments given in con- 
 versation by cultivating one's own genius. He may make 
 great progress in knowledge, and successfully promote the 
 public good. But when I recommend learning, it is with 
 a view to promote true religion, and the salvation of im- 
 
 * This is an allusion to Robertson, Home, and others, who had appeared 
 at the bar as Dissentients from the judgment of the Commission in the case 
 of Inverkeithing. 
 
1752.] CASE OF CROMARTY. 291 
 
 mortal souls ; views that are terminated by this small 
 spot of earth, and this narro^A^ point of time, are mean and 
 low ; let us stretch forward to eternity, let us attentively 
 consider, let us never lose sight of the great end of life, 
 the great end of our ministry, let us steadily pursue it 
 under his conduct, who is the Father of Lights, and the 
 author of every good and perfect gift, that w hen Christ, 
 who is the Chief Shepherd shall appear, we may receive 
 a crown of glory that fadeth not aw^ay. 
 
 "As this Assembly is now to be dissolved, and what causes 
 liave not been determined are referred to their Commission, 
 let us return to our particular charges with deep impres- 
 sions of the Divine mercy in preserving this Church s(> 
 long, and of the great goodness of our gracious Sovereign, 
 in so cheerfully countenancing our General Assemblies. 
 Let us return with hearts full of gratitude to the King of 
 Kings, of loyalty to his Majesty King George, of love to 
 one another, of charity to those who differ from us, and of 
 compassion to those who are in circumstances of distress. 
 Let us be animated with such an elevated and sublime 
 piety, as will make us superior to all the goods and evils 
 of this present state, that when we have finished our labours, 
 and the ministry we have received of the Lord Jesus, we 
 may go into Mount Zion and into the city of tlie living 
 God, our heavenly Jerusalem, to an innumerable com- 
 pany of angels, to the General Assembly and Church of 
 the first born, which are written in heaven, and to 
 God, the judge of all, and to the spirits of just men made 
 perfect, and to Jesus, the mediator of the New Covenant, 
 And now Riglit Reverend and Right Honourable, as we 
 met together in the name of the Lord Jesus Christ, the 
 alone Head of the Church, so let us part in the same 
 name." He then dissolved the Assembly with the usual 
 formalities. 
 
 COMMISSION MEETING IN MAY. 
 
 On the 26th, the Commission took into consideration, 
 an appeal by William Urquhart of Meldrum, Esq., who 
 had presented Mr Thomas Simson, probationer, to be min- 
 ister of Cromarty^ from a sentence of the Synod of Ross, 
 2 B 2 
 
292 ANNALS OF THE ASSEMBLY. [1752. 
 
 affirming- a judgment of the Presbytery of Chanonry, by 
 which a call of certain heritors and elders of the parish of 
 Cromarty to Mr. Patrick Henderson, minister of the gos- 
 pel, was sustained ; and the Presbytery thereafter pro- 
 ceeded to his actual settlement there. After hearing 
 parties, and reasoning, it was agreed without a vote, to 
 delay the consideration of the merits of the presenta- 
 tion and calls till November. After further reasoning 
 the question was put. Whether to proceed to consider 
 the conduct of the Presbytery in settling Mr. Hen- 
 derson, or delay the whole affair ? and carried Proceed. 
 Then the question was put. Reverse the settlement, or 
 Not? and carried Reverse by a majority of one vote. The 
 Commission therefore reversed the settlement, declaring 
 it void and null, but without prejudice to the merits of 
 the cause. 
 
 The same day they affirmed, without a vote, the 
 sentences of the Presbytery of Wigton and Synod of 
 Galloway, appointing the moderation of a call to Mr. 
 Samuel Brown, probationer, to be minister oi Kirkmabreck, 
 (who had been presented by the crown,) in opposition to 
 Mr William Sloan, probationer, presented by John Mac- 
 Culloch of Barholm, Esq. 
 
 Next day they agreed, likewise without a vote, to ap- 
 point a committee of their own number, to deal, in con- 
 junction with the Presbytery of Biggar,* with all con- 
 cerned, in order to bring about a comfortable settlement 
 of the parish of Biggar, and particularly with the people 
 of that parish, in order to Mr. William Haig's peaceable 
 settlement there ; and to report to the Commission in 
 November. 
 
 COMMISSION MEETING IN NOVEMBER. 
 
 The Commission met Nov. 22. — The Committee that 
 had been appointed to unite with the Presbytery of Big- 
 gar in visiting the parish of Biggar, gave in their report, 
 bearing "that they had called upon the elders, who 
 
 * The Presbytery and Synod had found " that the parish was in the 
 same circumstances as at the Assembly 1751. (See p. 217.) And, there- 
 fute, that they could not proceed to the settlement thereof." 
 
1752.] CASE OF BIGGAR. '293 
 
 were all present, and declared that the grounds of their 
 opposition to Mr. Haig's settlement were, Imo., That lie 
 could not be heard by a great part of the congregation — 
 that though he begun upon a high enough key, yet he 
 was not able to hold out the whole length of the service. 
 2do, That he was so unwieldy and infirm, that they had 
 no prospect of his being able to perform the duties of his 
 ofl&ce, by going as occasion might require to visit the pa- 
 rishioners, and particularly the sick." Then the meeting 
 having gone to the church to confer with the people, 
 and such of the heritors as were present, they all adhered 
 to the objections made by the elders, who also declared 
 they spoke not only their own opinion, but that of all the 
 people in their respective bounds." Parties being heard, 
 the Commission named a committee of their own number 
 to join with the Presbytery, and to meet at Biggar on the 
 second Thursday of March, (1753,) to take trial of the 
 objections against Mr Haig, particularly with respect to 
 his voice, and appoint Mr Haig to preach to the said 
 meeting that day in the Church of Biggar, and if they 
 find the above objections not suiBciently supported, that 
 they deal farther with the people of the parish to bring 
 them in to his settlement ; and report their proceedings 
 to the Commission in March next. [The case continued 
 to come before the Church-courts till 1754, when an ar- 
 rangement was made, by which Mr. John Johnston, 
 Chaplain of Edinburgh Castle, who proved acceptable to 
 the people, was settled in Biggar, and Mr Haig succeed- 
 ed him in the chaplaincy.] 
 
 The Commission resolved, with consent of parties, t(» 
 delay procedure in the question relating to the parish of 
 Cromarty^ till their meeting in March, in regard that a 
 process of declarator concerning the right of patronage 
 was in dependence before the Court of Session. 
 
 The Committee appointed in reference to the collection 
 for the Church at Breslmo reported, that Messrs. Hog 
 and Mansfield, though often called upon, had not hitherto 
 laid before the committee a state of the money collected, 
 and sums remitted by them. The committee was con- 
 tinued, and the instructions were renewed. 
 
 With regard to the collection for the German Protes- 
 tants in Pennsylvania, (whose case had been laid before 
 last Assembly by the Dutch Church,) the moderator re- 
 2b 3 
 
294 ANNALS OF THE ASSEMBLY. [1752. 
 
 ported, that he had written a letter to the consistory and 
 class of Amsterdam, which was read and engrossed. The 
 following is an extract : — " It is with great pleasure the 
 Church of Scotland correspond with foreign Protestant 
 Churches, and take this public occasion of maintaining 
 that communion with them, in order to advance the glory 
 of our common Lord, and to promote and propagate the 
 pure reformed religion. * * * * May Almighty 
 God watch over, and bless your Church, prosper, and 
 make it flourish I May it be, as it has been to us when 
 threatened with Popery, a refuge to all who are, or shall 
 he persecuted for their adherence to true religion ! and 
 may He for ever preserve to you the ordinances of the 
 gospel in their purity and power ! — These are the senti- 
 ments of the Church of Scotland, which I have the hon- 
 our to signify to you. 
 
 I am. 
 
 Reverend and dear Brother, 
 
 Your most aflFectionate Brother, 
 
 And most Humble Servant, 
 
 (Signed) Patrick Cuming. 
 
 To the Rev. Mr. Longueville, to be 
 
 communicated to the Consistory and 
 
 Class of Amsterdam. 
 
 THE END. 
 
APPENDIX 
 
 I. — Notices of the Lords High Commissioners.* 
 ]. The Earl of Hyndford — In 1739 and 1740, the King's Com- 
 missioner to the Assembly was John, third Earl of Hyndford, the 
 representative of the now extinct noble family of Carmichael, which 
 had in former times been noted for its attachment to the Church of 
 Scotland. Mr. James Bannatyne, Moderator of the Assembly in 
 J739, in addressing his Grace at the opening of the Court, alluded 
 to •' the honour he had to represent a noble family who, in the worst 
 of times, were kind patrons even to persecuted Presbyterians. These 
 
 things," he said, "cannot but endear His Majesty's choice to us. 
 
 Some here, may it please your Grace, can with pleasure remember 
 
 the time when one of your noble ancestors sat upon that throne 
 
 He had the honour to be chosen the first Commissioner to the 
 Assembly by the ever glorious King William. "f The Earl of 
 Hyndford attained high distinction as a Diplomatist. In 1741, 
 
 ♦ The following is the account of the opening of the Assembly 1739, given 
 in the newspapers of the day : — " The Assembly met at 10 o'clock, in the 
 New Church [now called the High Church]. Soon after, the Right Hon- 
 ourable John, Earl of Hyndford, repaired thither with a most splendid re- 
 tinue (the City-guard, headed by their proper officers, drawn up on both 
 sides, drums beating the march,) in the following order : — 
 The INIacers carrying their maces. 
 Gentlemen-Ushers, two and two. 
 The Heritable Usher. 
 The Purse-Bearer. 
 His Grace the High Commissioner. 
 His Grace's Pages. 
 The Nobility, and other persons of distinction. 
 His Grace's Footmen, two and two, in rich liveries. 
 He was received at the church door by the Right Honourable the Lord 
 Provost, Magistrates, &c. His Grace being placed in His Majesty's seat 
 (which was richly dressed with equipage brought from the Royal Wardrobe 
 in the Abbey), and proper devoirs being paid him, a sermon was preached 
 by Mr. James Ramsay of Kelso, the former Moderator, from Jer. xvi. 8," 
 &c. The close of the Assembly is thus described : — " The Assembly rose 
 about five afternoon, the members accompanying his Grace and retinue to 
 his lodgings, where they bid him adieu." At that period, and for many 
 years after, the Assembly had two diets every day, the one in the forenoon 
 and the other in the afternoon. 
 
 f These Presbyterian reminiscences did not prevent his Lordship's bro- 
 ther, William, from entering the Episcopal Church of Ireland, where he 
 successively became Bishop of Meath and Archbishop of Dublin. He died 
 at Bath, the loth Dec, 1765. 
 
 ^A. 
 
296 APPENDIX. 
 
 upon the King of Prussia's invading Silesia, he was sent as envoy- 
 extraordinary and plenipotentiary to that Prince; and, the year 
 after, accommodated the differences which had occasioned that 
 war. Upon the conclusion of the treaty of Breslau, he was created a 
 Knight of St Andrew, or the Thistle, and was invested, at Charlotten- 
 burgh, August 2, 1742, by the King of Prussia, by virtue of a com- 
 mission from the King of Great Britian. As a testimony of the satis- 
 faction of the contending powers, he received from the King of Prus- 
 sia a royal grant dated at Berlin, Sept. 30, 1742, for adding to his 
 paternal coat of arms the Eagle of Silesia, with this motto, ex uese 
 MERiTO ; which grant was ratified by a diploma from the Queen of 
 Hungary and Boheinia, dated at Vienna, Nov. 29, 1742 ; both deeds 
 conceived in terms much to his Lordship's honour. In 1744 he went 
 as ambassador to the court of Russia, where he continued till the end 
 of the year 1749, and was very instrumental in accelerating the peace 
 concluded at Aix-la-Chapelle. On his return to Britian, he was ap- 
 pointed one of the Lords of the Privy Council, and of the Bedchamber; 
 and in 1752 he was sent ambassador to the court of Vienna. He was 
 one of the sixteen Peers for Scotland in four successive British Par- 
 liaments, and also Vice-Admiral of Scotland. He died at Car- 
 michael House on the 19th July, 1767. His Lordship married, first 
 Elizabeth, eldest daughter of Sir Cloudesly Shovel, widow of Lord 
 Romney, who died without issue. He afterwards married Jane, 
 daughter of Benjamin Vigor, of Fulham, Esq. who survived him, 
 likewise without issue. — His Lordship was succeeded in honours and 
 estate, by John Carmichael of Castlecraig, Esq. son of Mr William 
 Carmichael of Skirling, Advocate, who was son of the first Earl of 
 Hyndford. 
 
 2. The Earl of Leven.— From the year 1741 to 1753 (a period of 
 thirteen successive years). His Majesty's Commissioner was Alex- 
 ander, Earl of Leven, the head of a family whose history had been 
 closely connected with the struggles and triumphs of Presbytery. It 
 was probably this circumstance which emboldened the nobleman who 
 now represented the Royal person, to give his opinion of the matters 
 which came before the Assembly with more frequency and freedom 
 than would now be relished, or perhaps tolerated. Proofs of this the 
 reader will find in the present volume, at p. 184 and p. 261. Thus 
 too, in the Assembly 1748, there had been the case of Campbell, pre- 
 sentee to the Abbey Church of Paisley, rejected on account of suspi- 
 cions of disloyalty, unsupported by any tangible evidence. The Com- 
 missioner, in his closing speech, with an evident but not very fair 
 allusion to this case, said : — " I persuade myself you will think it ab- 
 solutely necessary to guard against licensing not only those who may 
 be deficient in point of knowledge or reputation, but likewise such 
 whose attachments or adherence to our happy constitution, in Church 
 or State, is not particularly well-attested or known." In taking leave 
 of the Assembly 1749, he rather dissuaded them from prosecuting the 
 Augmentation-Scheme ; and it was no doubt in reference to it that 
 he said, in his opening address of 1750: — " In vain shall mistaken or 
 designing men endeavour to mislead you into measures subversive of 
 tlie peace and quiet of the Church, and which, instead of promising 
 success and advantage, are eyidently destructive of the very end in 
 
NOTICES OF THE COMMISSIONERS AND MODERATORS. 297 
 
 view, and would infallibly issue in disappointment and regret." — 
 (Compare his closing harangue at p. 184.) 
 
 The Earl of Leven was a Senator of the College of Justice, and one 
 of the Lords of Police for Scotland. He died on the 2d Sept. 1754, 
 at his seat of Melvil in Fife, and was succeeded by his son David, who, 
 at a subsequent period, filled the office of High Commissioner for 
 many years. 
 
 II. — Notices of the Moderators, with Extracts from their 
 
 CONCLUDING ADDRESSES. 
 
 1739. Mr. James Bannatyne. — He was born in 1674, was ordained 
 minister of Whittingliam in 1707, and translated to Edinburgh in 
 1714. He became one of the ministers of the College Church, hav- 
 ing Mr. George Logan for his colleague. In 1748, his daughter 
 Catharine (described by Dr. Finlayson as " a woman of great good 
 sense and spirit,") was married to her cousin, Dr. Hugh Blair. — 
 Mackenzie, in his Life of Home, speaks of an Edinburgh minister 
 of the name of ♦' Ballantyne," as one of those clergymen of the mo- 
 derate party, with whom Home and his companions, Carlyle, Robert- 
 son, &c., associated ; but if this be the person intended, he was their 
 senior by many years; — although, from the circumstance of his hav- 
 ing employed Drysdale as his assistant, there can be little doubt that 
 he inclined to that party. 
 
 The persons put on the leet for Moderator, along with him, 
 were Mr. John Willison, Dundee, and Mr. James Naismyth, Dal- 
 meny. In his closing address, after dwelling on our privileges 
 as a National Church, and inculcating gratitude, he thus refers 
 to the case of tlie Seceders, who had at this Assembly given in 
 their Act of Declinature : — " It can't be expected that in so great a 
 body there should be a perfect harmony of sentiments, yet I can't but 
 notice that we have all agreed in a zealous concern for the support of 
 our happy Establishment — the only difference has been about the 
 ways and means of doing it. ♦ • * It could not but very sensi- 
 bly affect us to behold so many who were once of us, standing at our 
 bar as pannels — renouncing all communion with us, and offering in- 
 sults to us that we can hardly find a parallel to, and yet borne with 
 so much patience and forbearance." He urged all this as a call to 
 humiliation, watchfulness, and diligence. " When we behold others 
 insisting so much upon their Act and Tiesf/mowy, let us insist upon 
 the Testimony of Jesus Christ, the glorious gospel of God our Saviour. 
 Let us please our people to their edification, but never/ear them for 
 this will be a great snare. Let us ever remember, that we are to be 
 their guides and overseers to heaven, and not tliey ours. Let us be 
 zealous for the support of our happy Establishment; — if we support 
 it, it will support us — if we suffer it to fall, we will be buried in its 
 ruins." He exhorted them *' to resolve through grace to live better, 
 to preach better than those who wait for our halting, that they may 
 break our ministry, and destroy our usefulness in the world. The 
 least wrong step that we take will be added to their Testimony, to 
 raise prejudices and create jealousies." Hence he argued the neces- 
 sity of caution and circumspection Mr. Bannatyne's text, at the 
 
298 APPENDIX. 
 
 opening of the Assembly 1740, was 1 Tim. iv. 12- He died on the 
 10th April, 1756, in his"82d year, a week after Mr. Robert Kinloch 
 of the High Church. 
 
 1740. Mr. George Logan. — He was born in 1678, and became one 
 of the ministers of the College Church of Edinburgh. Mr. Logan 
 was distinguished by his zeal for the Hanoverian succession ; and 
 when the rebels approached Edinburgh in 1745, he was a warm but 
 unsuccessful advocate for putting the city in a posture of defence.* — 
 After the Rebellion was put down, he published " A Treatise on 
 Government, showing that the right of the Kings of Scotland to the 
 crown was not strictly and absolutely hereditary," — which involved 
 him in a long and acrimonious controversy with the Jacobite Anti- 
 quary, Thomas Ruddiman. Logan's last rejoinder (published in 
 1749) contained a Vindication of Mr. Alexander Henderson "from 
 the charge of having done injury to King Charles I., and of having 
 repented of his conduct and njanagement in public affairs. " 
 
 The only person put on the/ee^ for Moderator along with him was Mr 
 Andrew Cuming, Largs, but Mr. Logan was chosen by " a very great 
 majority." In his concluding address, he alluded to the '^hardlato and 
 grievance oi patronage,'' and then to the Seceders (whom this Assem- 
 bly had finally deposed), " who have for several years made a most 
 unwarrantable Secession from this Church, happily established by 
 law ; and yet, with the greatest inconsistency that ever teas heard of, 
 have, all the time of their public Secession, retained the civil profits of 
 
 this Establishment — I mean their stipends, their manses, a7id glebes 
 
 Pretending to a degree of sanctity above all their brethren, as if they 
 were the most excellent ones in all the earth — as if all should bow to 
 their judgment, — no doubt they are the people, and wisdom shall die 
 with them. I shall not point out their divisive and schismatical prac- 
 tices, nay immoralities, highly criminal in ministers, nor set forth the 
 aggravations of them in their due light and proper colour, Zes< I should 
 bethought to deliver a satire vpon them." — Pointing out to his brethren 
 their privileges and consequent responsibility, he says, " You wilt 
 therefore testify against infidelity that so much prevails, and against 
 free-thinking, as it is now managed for the destruction of revealed re- 
 ligion, and the opening a wide door to libertinism and scepticism, to 
 atheism and deism, and to the venting many dangerous and damnable 
 errors. You will, I hope, do what is in your power to prevent the 
 growth of popery, to which tve are too much encouraged by his Majesty's 
 Royal Bounty and donation.''''-^ Mr. Logan's sermon, at the opening 
 of the Assembly 1741, was published. He died on the 13th Oct., 
 1755, aged 77. — This Mr. Logan is not to be confounded with ano- 
 ther Mr. George Logan (probably a connection), minister of Ormis- 
 ton, an associate of Robertson and Carlyle in their younger days. — 
 Mackenzie says (Life of Home, p. 12) that "he was peculiarly dis- 
 tinguished for learning and acuteness, and was generally allowed to be 
 
 * See the " Information against Provost Stewart," where the fact is also 
 mentioned that, "out ot their moderate stipends, the ministers of Edinburgh 
 joined in subscribing for the pay of 100 men out of the 1000 proposed to be 
 raised." 
 
 f There is an arausiug ambiguity in the last sentence, yet it is a faithful 
 abstract of the original. 
 
NOTICES OF LOGAN — RAMSAY — TULLIDELPH. 299 
 
 the first metaphysician of his time." He had undertaken, at the soh'- 
 citation of some of the ablest of his co-temporaries, to refute the scep- 
 tical writings of David Hume ; but was prematurely cut off on the 
 23d February, 1754. 
 
 1741. Mr. James Ramsay — He was born about the year 1669, 
 and was minister, first at Eyemouth, and then at Kelso. Frequent 
 mention is made of him in the Memoirs of the excellent Thomas 
 Boston, whose worth he seems early to have appreciated, and whom 
 he, on various occasions, warmly befriended. — " When I entered on 
 the study of theology," says he, " Mr. James Ramsay having put the 
 book in my hand, viz., Parens on Ursin's Catechism — the wln'ch I 
 
 read over three or four times ere I went to the school of divinity." 
 
 It was "through the interest of Mr. James Ramsay aforesaid, and 
 other friends," that, when minister of Simprin, he was chosen Clerk 
 of the Synod of Merse and Tuviotdale. His entering on the duties 
 of the office he describes with that naivete which imparts so great a 
 charm to his whole narrative :—" When I first took the seat amoni- 
 them, and stood up for to read, being in great confusion, through my 
 natural diffidence and timorousness, I blundered ; but recovering my- 
 self, with much ado made it out. Upon which occasion, Mr. Ram- 
 say did seasonably express his confidence of me notwithstanding. The 
 oath de fideli administratione I declined ; and they were pleased to 
 accept of my promise to serve them faittifully, and keep their secrets ! 
 — which I strictly observed." Boston and Ramsay, however, fre- 
 quently differed on public questions — especially as to the oath of ab- 
 juration and the Marrow doctrine. Being the leading man in the 
 Synod, ^Mr. Ramsay took an active part in conducting the process 
 against Boston's friend, Mr. Gabriel Wilson of Maxton, accused of 
 venting certain heterodox sentiments in a sermon preached before the 
 Synod, in October, 1721. Messrs Ebenezer and Ralph Erskine went 
 to Kelso to be present at the trial ; and it is to IMr. Ramsay that tlie 
 latter is said to have addressed the impromptu couplet, when asked by 
 him to give a specimen of his poetic powers : 
 
 ♦* We be two angels who did ride and run 
 To see the angel Gabriel fight and win." 
 
 —■lines that are more remarkable for their metre than their modestvj 
 and the only point in which lies in the allusion to Mr. Wilson's chris- 
 tian name. 
 
 The only person put on the leet for Moderator, along with Mr. 
 Ramsay, was 'Sir. John He)jburn, one of the ministers of Edinburgli ; 
 but, though the former had filled the chair so lately as the year 1738, 
 he was again elected. His concluding address is the shortest we find 
 on record, being comprised in this one sentence : — " It is with plea- 
 sure I can observe that the affairs of this Assembly have, by the good 
 hand of God upon us, been managed with great decency and remark- 
 able unanimity." — Mr. Ramsay died on the 3d July, 1749, being up- 
 wards of 80 years old. 
 
 1742. Mr. Thomas Tidlidelph The others on the leet were Messrs. 
 
 John Cleghorn, Wemyss, and Alexander Maclaggan of Little Dun- 
 keld, the latter being for many years a most active member of Assera- 
 
300 APPENDIX. 
 
 bly. Mr. TuUidelph was at this period Principal of St. Leonard's 
 College, St. Andrews; and that Institution having been in 1747 
 united to the College of St. Salvador, he ultimately became Head of 
 the United College, and was also minister of St. Leonard's parish. 
 Dr. Cook, in his Life of Hill, speaks of him as a man eminent for 
 talents and eloquence. Principal Hill was his assistant in St. Leo- 
 nard's Church for some years previous to his death, which took place 
 on the 14th Nov., 1777. — His closing address from the chair consisted 
 chiefly of gratulations as to the manner in which the business of the 
 Assembly had been conducted. " Though there was not always un- 
 animity, yet it must give pleasure to all who wish well to religion, that 
 brotherly love hath not been hurt in your deliberations, nor by your 
 resolutions." He finally inculcated an attention to "serious godli- 
 ness and solid religion, that are so lamentably in decay in our day." 
 His text, at the opening of the Assembly 1743, was in 1 Cor. i. 10. 
 
 1743. Mr. Robert Wallace. — This gentleman attained considerable 
 distinction as a political economist, by his " Dissertation on the Num- 
 bers of Mankind," which contains the germ of some of the principles 
 afterwards developed by Malthus in his " Essay on the Principle of 
 Population." The following short Memoir of him appeared soon 
 after his death in 1771, and is understood to have been drawn up by 
 his son, George Wallace, Esq., advocate, known among lawyers by 
 his work on the " Origin of Feudal Tenures :" — 
 
 »' Robert Wallace, the only child of his parents, was born, on the 
 7th of January, 1697, O. S., at the village and in the parish of 
 Kincardine, in the stewartry of Menteith and county of Perth ; of 
 which his father, Matthew Wallace, (a descendant from the same 
 ancient family of Wallace of Riccarloun in Ayrshire, that has been 
 rendered illustrious, by the achievements, and the gallantry, of Sir 
 William Wallace, the patriotic and renowned hero of Scotland,) was 
 minister. He was taught Latin, and initiated in Greek, at Stir- 
 ling, under Thomas Darling, master of the grammar-school of that 
 borough. In 1711, he was sent to the University of Edinburgh ; at 
 which he passed a regular and complete course. Tlie celerity of his 
 apprehension, the liveliness of his imagination, the depth of his judg- 
 ment, and the vigour as well as fineness of his genius, enabled him 
 quickly to make a distinguished progress in every branch. His su- 
 perior parts were soon remarked, and the high character which he 
 acquired on that account, joined to a sociable and excellent temper, 
 cheerful and instructive conversation, a warm and friendly heart, a 
 nice honour, and morals uncommonly pure, made his acquaintance 
 be seduously courted by all his contemporaries. In 1717, a society, 
 called, " The Rankenian Club," from the master of the tavern at 
 which it met, being instituted, at Edinburgh, by some young gentle- 
 men of the first abilities, Dr Wallace was one of its original Fellows ; 
 and Dr Wishart, afterwards Principal of the College, the celebrated 
 Mr Maclaurin, Professor of Mathematics, Sir Andrew Mitchel, 
 Knight of the Bath, Dr Young, author of an admirable treatise on 
 opium, and others were numbered among its members. Its object 
 was mutual improvement by liberal conversation and rational inquiry ; 
 its influence, however, was not confined to the individuals of whom 
 it consisted. It is well known, that the Rankenians were highly 
 
MEMOIR OF DR. ROBERT WALLACE. 301 
 
 instrumental in disseminating through Scotland, freedom of thought, 
 boldness of disquisition, liberality of sentiment, accuracy of reason- 
 ing, correctness of taste, and attention to composition ; and that the 
 exalted rank which Scotsmen hold at present in the republic of let- 
 ters, is greatly owing to the manner and the spirit begun by that so- 
 ciety. Among others, the abstruse principles vented by Dr. Berke- 
 ley, Bishop of Cloyne, were accurately canvassed in it; and the so- 
 ciety amused themselves by maintaining with that eminent and pious 
 Prelate a literary correspondence, in which they pushed his singular 
 tenets all the amazing length to which they have been carried in later 
 publications. To their letters his Lordship transmitted polite and 
 regular returns, endeavouring to avoid the consequences drawn from 
 his doctrines. He was greatly pleased, too, with the extraordinary 
 acuteness and peculiar ingenuity displayed in them, and he has been 
 heard to say, that no persons understood his system better than this 
 set of young gentlemen in North Britain. Hence he offered to adopt 
 them into his famous design of erecting a college at the Bermudas 
 for the benefit of the new world. But the club, thinking the pro- 
 ject aerial, and having other agreeable prospects, declined to accept 
 of his Lordship's invitation.* 
 
 " Dr. Wallace, being ardently turned to contemplation, and study, 
 had early resolved to enter into the Church; a profession which suit- 
 ed his speculative disposition, and which he thought would afford him 
 leisure to indulge his natural inclination. Having been licensed to 
 preach, in 1722, by the Presbytery of Dumblane, he was, in August, 
 1723, ordained minister of the parish of Moffat, in the Presbytery of 
 Lochmaben, and stewartry of Annandale, on a presentation of James, 
 Marquis of Annandale. In May 1729, he was elected Moderator of the 
 provincial Synod of Dumfries ; and he preached before them in Octo- 
 ber following. This sermon (in which are treated the reasonableness 
 of bestowing an attentive consideration on divine revelation, and the 
 irrationality of rejecting, without examination, all pretences to it,) he 
 published at the desire of the Synod ; and to it he owed his prefer- 
 ment in some degree. Mr Johnston of Twickenham, Principal Se- 
 cretary of State in the reign of King William, whose father, Lord 
 Warristoun, was one of those selected to suffer after the restoration 
 of Charles II., happened (for he was not then acquainted with the 
 author) to present the discourse to Queen Caroline ; and her Majes- 
 ty, who is generally known both to have had a taste for literature, 
 and to have been a patroness of the learned, recommended Dr Wal- 
 lace to the notice of Archibald, Duke of Argyle, then Earl of Islay. 
 The Doctor, having in consequence been chosen a minister of Edin- 
 burgh, on occasion of a vacancy made by the death of his learned and 
 able master, Mr. William Hamilton, Principal of the College, was 
 appointed, in 1733, to exercise his office in the New Greyfriars' 
 Church of that city, 
 
 " Mathematics, mixed as well as pure, was a pursuit in which he 
 took particular delight ; and he made a vast i)rogress in that walk ; 
 of which it is a strong proof, that he can be counted among those few 
 who have read, and penetrated all the depths of Mr. Maclaurin's ex- 
 tensive and profound treatises of Fluxions and of Organic Geometry. 
 
 * A list of the members of the Rankenian Club will be found in Lord 
 Woodhouselee's Life of Kames, Appendix to Vol. I. No. vni. 
 
 2 c 
 
302 APPENDIX. 
 
 Hence his old and excellent professor, James Gregory, (a stem of 
 that remarkable family from which Mr Gregory of Padua, and Dr. 
 Gregory of Oxford were sprung, and which has produced genuine 
 mathematicians in most of its branches), finding himself disabled, by 
 indisposition, in 1720, from undergoing the fatigue of discharging 
 his usual professional duties, cast his eye on Dr. Wallace, whom he 
 asked to supply his place during the season. The favour was imme- 
 diately granted ; and the Doctor had already taught, with general 
 applause, (when only in his twenty-third year) all the mathematical 
 classes in that Uni%'ersity. He co-operated also, about 1735, with 
 that incomparable physician Dr. John Clerk, Mr. Maclaurin, Dr. 
 Plummer, Professor of Chemistry, Dr. Munro, Professor of Ana- 
 tomy, Sir John Clerk, one of the Barons of Exchequer, Sir John 
 Pringle, Physician to the Queen, Mr Peter Leith, a priest of the 
 Romish communion, and other celebrated Naturalists, in forming, at 
 Edinburgh, under the auspices of his Learned and Noble Friend, the 
 Earl of Morton, a philosophical society,* for the culture and improve- 
 ment of natural knowledge. 
 
 " In 1736, John Porteous, captain of the guard of Edinburgh, who 
 had been condemned by the Court of Justiciary to suffer for a capital 
 crime, was reprieved by the guardian of the kingdom, (Queen Caro- 
 line, wife of Geo. II;) a mob, nevertheless, incensed at that unad- 
 vised and blameable interposition, assembled on the evening of the 
 6th of September, dragged the Captain out of prison, and hanged 
 him in the Grass-market. In 1737, an Act of Parliament was passed, 
 by which it was, among other things, enacted. That all who conceal- 
 ed or succoured any person declared fugitive on account of accession 
 to this murder, should, on conviction, be liable to the pain of death ; 
 and the statute was ordered, under severe penalties, to be read by the 
 minister in every Parish-Church of Scotland, on the first Sunday of 
 every month for a whole year from the first of August. Dr. Wal- 
 lace's behaviour, in that critical situation, was peculiarly bold. Hold- 
 ing it to be no part of the duty of a clergyman, to trumpet from the 
 pulpit sanguinary laws, and imagining the statute to be immoral in 
 itself, he not only disobeyed the order, but, chusing to expose him- 
 self to the loss of his living, and to punishment, rather than do an 
 action he reckoned mean and unworthy, he exerted himself, in an 
 open as well as vigorous manner, in encouraging others to act with 
 the same spirited and becoming firmness. 
 
 " This, which he always held to be a wanton and impolitic exer- 
 cise of legislative authority, disgusted him a little at administration ; 
 and his dissatisfaction was considerably inflamed, by apprehensions he 
 began then to entertain, concerning the consequences of an avowed 
 system, (of bribery and corruption,) which he feared would at last 
 ruin the morals of the people, and undermine the principles of the 
 constitution.! Hence he contributed all his assistance to support that 
 
 * Afterwards superseded by the Royal Society of E;linburgh (in 1783,) 
 into which all the members were received as fellows. 
 
 \ It would hiive been well, however, both for Wallace and Webster, if 
 they had not so identified themselves with the faction of Frederick, Prince 
 of Wales. They had their reward in being appointed his chaplains for 
 Scotland in August 1739. Webster attacked Sir Robert Walpole in a fast- 
 day sermon, which he printed, and in which he compared him to Haraan. — 
 
MEMOIR OF DR. ROBERT WALLACE. 303 
 
 Strenuous and heated opposition which was made to power during 
 the last years of Sir Robert Walpole ; and in his turn he experienced 
 some consequences from the warmth he discovered at that juncture. 
 
 "In 1739, a vacancy happening in the New North Church of 
 Edinburgh, by the death of Mr. Smith, Principal of the College, the 
 common council of the city, resolving to oppose Dr. Wallace's tran- 
 slation from the New Greyfriars, 'bbtained, on a bill of suspension 
 presented to the Lord Ordinary on the bills, a sist or temporary stay 
 of execution, of an Act of the Presbytery of Edinburgh, translating 
 him to that collegiate charge. The sist was formally notified to the 
 Doctor ; but, knowing the settlement of a minister to be a m.atler pure- 
 ly spiritual, in which the ecclesiastical courts have an exclusive jurisdic- 
 tio7i, he did not iiesitate about the part it became him to take on the 
 occasion ; and, without minding the injunction issued by the temporal 
 judge, he proceeded in discharging the duties annexed to the office, 
 conferred upon him by the Presbytery, of minister of the New North 
 Church. 
 
 " On the revolution which happened at St. James's in 1742, (on 
 the resignation of Sir R. Walpole,) John, Marquis of Tweeddale, 
 being appointed one of his Majesty's Principal Secretaries of State, 
 the King's servants formed a plan, generous to the people, and peace- 
 ful in its consequences, about the disposal of the benefices of which 
 the crown is patron in Scotland. The royal presentations it was re- 
 solved to grant in favour of those Clercs who should be agreeable to 
 the owners of lands in the respective parishes; the heritors however 
 were at the same time given to understand, that they must not treat 
 the elders or other parishioners in a haughty manner, but use every 
 honourable and conciliating means to render the settlements easy. 
 During this administration, which lasted four years, Dr Wallace was 
 generally known to be clerical minister, intrusted by government 
 with the conduct of ecclesiastical aflfairs; and public records, as well 
 as other authentic memorials, prove, that, during all the time he was 
 employed in this department, government was not embarrassed, in a 
 single instance, either in obtaining judgment from the spiritual 
 courts in favour of his Majesty's presentees, or in eS'ecting the execu- 
 tion of settlements ordered to be made by the Church. 
 
 " In 1741, a hint was given by Mr. Matthison, a minister of the 
 High Church of Edinburgh, — for it is an act of justice due to the 
 memory of that gentleman to mention, that he was the first who sug- 
 gested the idea, — of establishing a public fund to insure a main- 
 tenance for the widows, and raise a stock for the children, of the 
 clergy of Scotland. This proposal, which was introduced into the 
 General Assembly in 1742, could not be carried into execution with- 
 out inquiries and computations, equally painful and intricate, con- 
 cerning the duration and chance of lives, the produce and value of 
 annuities, the number and fertility of marriages, &c. : but Dr. Wal- 
 lace, to whose feeling heart it was instantly recommended by its own 
 humanity, and whom his fluxionary and algebraical as well as arith- 
 metical knowledge rendered a superior and expert calculator, willing 
 
 At the meeting of the Assembly-Uommission in November 1739, a motion 
 \yas made by a ruling-elder, that the frequent crimes of bribery and corrup- 
 tion should stand part of the reasons for the fast then appointed , but, though 
 the motion was seconded; it was dropt without dividing. 
 2 C 2 
 
304 APPENDIX. 
 
 to undergo any labour that might promote the benevolent design, 
 took a principal and indefatigable part, along with Dr. Webster, a 
 minister of the Tolbooth Church of Edinburgh, both in digesting the 
 plan proper to be adopted, and in making the calculations necessary 
 to give satisfaction concerning its justice. In May 1743, he was 
 chosen Moderator of that General Assembly which approved of this 
 scheme, and in November following a commission was granted, by the 
 Church to him, and to his friend Dr. George Wishart, a minister of 
 the Tron Church of Edinburgh, to solicit, at London, an Act of Par- 
 liament, which was necessary for rendering the provisions effectual 
 and sure. Lord Carteret was then minister ; the nation and St. 
 Stephens continued still divided by faction, and by rage ; an easy 
 and frequent intercourse was not yet opened and maintained between 
 the different parts of the united kingdom; the rebellion had not hap- 
 pened ; and the Church of Scotland had not attained either the lus- 
 tr£, or the importance, which the rare accomplishments and the dis- 
 tinguished powers of some of her members have since acquired to that 
 learned and respectable body. Hence even a feeble opposition would, 
 in all probability, have defeated the bill ; but the dexterity with 
 which those ecclesiastical commissioners, assisted by the advice of 
 their sincere friend Sir Andrew INIitchel, under-secretary for Scot- 
 land, a prudent as well as able counsellor, avoided collision between 
 violently agitated and contending parties, did them much honour, and 
 surmounted every obstacle. 
 
 " In 1744, a few months after Dr. Wallace returned from London, 
 his late Majesty appointed bira one of his Chaplains, and bestowed 
 upon him a joint grant, along with Mr Neil Campbell, Principal of 
 the College of Glasgow, and Mr. William Gusthart, a minister of 
 the Tolbooth Church of Edinburgh, of the rents, profits, and emolu- 
 ments, belonging to the deanry, sub-deanry, and other offices of the 
 Chapel-royal in Scotland. In this office he was continued by his 
 Majesty George III. on his accession to the throne, as well as in all 
 the successive commissions which were to Dr. Jardine, Dr. Wishart, 
 and Dr. Drysdale. 
 
 "In 1746, his ministerial powers ceasing on the resignation of his 
 Noble Patron, the Marquis of Tweddale, he was thereby enabled to 
 bestow more time on reviewing some works he had composed for the 
 press. To the Philosophical Society he had early read, A disserta- 
 tion on the numbers of mankind, in which he maintained the superior 
 populousness of antiquity, on a simple and inconvertible principle, 
 " That most food must produce most people; and that those nations 
 must of course be most populous, which, like the ancient,, bestow 
 greatest attention on agriculture, and those other arts by which pro- 
 visions can alone be raised, and are rendered most plentiful." This 
 dissertation, which he revised in 1747, was published at Edinburgh 
 in 1753, together with an appendix, containing observations on a po- 
 litical discourse, published in 1752 by his friend Mr. Hume, on the 
 populousness of ancient nations ; and both treatises were immediately 
 translated into French, under the eye of the Baron de Montesquieu, 
 author of The Spirit of Laics. 
 
 " The Doctor, on looking around him, and considering the sub- 
 ject, which he could hardly avoid doing with attention in the latter 
 part of his life, inclined to think, that academical and other titles are 
 
MEMOIR OF DR. ROBERT WALLACE. 305 
 
 farcical distinctions, rather hurtful than beneficial to society ; because 
 he knew that they both are, and must often be, bestowed on the un- 
 deserving ; and that they tend to impose on mankind, by creating 
 prepossessions in favour of persons entitled to little estimation, as well 
 as to injure and to level real merit. This however was not the rea- 
 son that led him to proceed hitherto without taking a degree, even 
 in Arts. In Scotland, in which pluralities are not permitted,* degrees, 
 conferred by universities, give no legal or substantial privileges ; even 
 precedence is not indisputably annexed to them ; and in the days in 
 which he attended college, graduation was little used, or rather was 
 in disrepute. But the practice had been lately revived ; and in 1756, 
 the University of Edinburgh offered to invest him, and Mr. George 
 Wishart, Mr. Kay, Mr. Macqueen, Mr. Dick, and Mr Macknight, 
 with the scarlet of Doctors in Divinity. This mark of their esteem 
 it would have been peevish to reject ; and at the Act he pronounced 
 a short complimental speech, in most elegant and truly classical 
 Latin, which was exceedingly admired, and showed him to be a per- 
 fect master in that tongue. 
 
 « The loss of Minorca (in 1756) threw the nation into uproar ; and 
 the general confusion was somewhat increased by an over-charged 
 picture, which the ingenious Dr. Brown drew in his Estimate of the 
 manners and principles of the times. Dr. Wallace, whose ideas con- 
 cerning the natural strength of his country were extremely lofty, and 
 who did not imagine that a single blow, struck in a distant quarter, 
 ou"ht to consign the nation to despair, wrote at this time a volume, 
 ■winch was published in 1758, under the title of, Characteristics of the 
 present political state of Great Britain, in which he explained the 
 principles of commerce, the nature of money, the consequences of 
 banks and paper-credit, the effects of funds and of public debts, and 
 the proofs of national riches and national poverty; and the opinion 
 which he endeavoured there to inculcate, concerning the national 
 genius, national force, and national capacity of Britain, was signally 
 justified by the glorious successes obtained in 1759, 1760, 1761, and 
 1762, under the administrations of the Earl of Chatham and the Earl 
 of Bute, 
 
 "In 1761, he committed to the press another volume, of a serious 
 nature, entitled, Various prospects of Mankind, Nature, and Providence, 
 in which he considers the doctrines of Providence, of Immortality, 
 of Liberty and of Necessity ; a work which is less known, but which 
 his moral, pious, and thoughtful turn, led him to value more than 
 any of his other performances. 
 
 « The remainder of his life he passed in reading and in study, 
 which he never abandoned ; in correcting his former publications, and 
 in preparing others, of which he left a great number, for the press ; 
 and it must be allowed strongly to mark the uncommon elegance of 
 his genius, as well as singular serenity of his temper, that, at the age 
 of seventy-three, he could unbend his mind from sublimer meditations 
 and graver researches, even by reading Gallini,f and hy attempting an 
 essay, on the principles and the art of Dancing. 
 
 * This was written in 1771. 
 f The reference is to " A Treatise on the Art of Dancing " hy Gio- 
 vanni Andrea Gallini, Director of the Dances at the Royal Theatre in the 
 
 2c3 
 
306 APPENDIX. 
 
 " Truth and science he always preferred to language and to compo- 
 sition ; yet he was a tolerable Greek, and an excellent Latin scholar. 
 Among the ancients, "Virgil was his poet, and Seneca his philosopher. 
 His favourite modern was the Earl of Shaftesbury, a writer from 
 whom he could not help sincerely regretting that he found himself 
 obliged to differ in capital articles : and he was deeply impressed 
 with all that devout and rapturous admiration of the beauty and 
 order, wisdom and beneficence of Nature, which this nobleman paints 
 with a glowing pencil, in his Characteristics. Hence he was particu- 
 larly fond of roaming in the fields ; and his death was probably ac- 
 celerated by that taste. In May 1771, being overtaken at a walk by 
 snow, he caught a cold, which was soon followed by asthmatic com- 
 plaints. He was bled ; but his illness did not abate. In a few weeks 
 his legs swelled, and manifest indications appeared, that a general 
 anasarca had invaded his frame, as well as strong symptoms that a 
 lodgement of water had been formed in his breast. His disease in- 
 creasing, medicines were given, exercise was prescribed, and other 
 remedies were tried ; but all was ineffectual. His strength decayed, 
 and he died, in full possession both of his spirit and of his faculties, 
 as well as in perfect tranquillity, with little or rather no pain, and 
 without being confined even a day to bed, about six afternoon of the 
 29th of July 1771." 
 
 Such is the sketch of Dr. Wallace's life and character by his son, 
 which we have presented entire, with a few verbal alterations and some 
 additions. The following particulars are derived from other sources. 
 It seems highly probable that the reading of Wallace's Disserta- 
 tion before the Philosophical Society, incited Mr David Hume, one 
 of its members, to write his well-known Discourse on the Populousness 
 of Ancient Nations, which was published among his " Essays " in 
 1752. In this discourse that celebrated writer adopted the other side 
 of the question, and argued, with great learning and acuteness, against 
 the superior populousness of ancient states. — Mr Wallace did not 
 
 Haymarket. 1762, — "Of this groupe of men [clergymen of the moderate 
 partyj, with whom Mr. John Home was associated, was Dr. Wallace, known 
 as an author by his Treatise on the Numbers of Mankind, who cultivated 
 the science of political economy before it had begun to be studied here under 
 those great masters, David Hume, and his friend, Adam Smith. Dr. Wal- 
 lace, with the most perfect correctness of clerical character, was a man of 
 the world in that better sense of the term, which implies a knowledge of 
 whatever human science or learning has done to enlighten mankind ; and he 
 even extended his reading to its innocent though lighter accomplishments. 
 He wrote notes, as his son informs us, on Gallioi's Art of Dancing. I sat 
 with my father's family in the Little Church, (called Haddo's Hold, from 
 its having been once used as a prison for Lord Haddo, in the days of civil 
 contention in Scotland,) where Dr. Wallace was minister ; and I perfectly 
 remember his introducing in a sermon, comparing modern morals, manners, 
 and attainments, with those of the ancients, a high encomium on '* Gray's 
 Elegy on a Country Churchyard," which had been published a short while 
 before, which he said he would venture to compare with the most celebrated 
 specimens of ancient classic poetry." — Mackenzie's Life of Home, p. 16. 
 He elsewhere informs us that in the affair of "Douglas," Dr. Wallace wrote 
 an anonymous letter to Home's friend, Carlyle, full of the soundest advice, 
 and assuring him of his support. 
 
NOTICE OF DR. ROBERT WALLACE. 307 
 
 hesitate to enter the lists with his able antagonist, with whom, how- 
 ever, he still continued to live in the strictest habits of friendship. — 
 In 1753 he sent his " Essay on the Numbers of Mankind" to the 
 press, together with an Appendix, equal in length to the body of the 
 work, containing answers to Mr Hume's principal arguments.— In 
 this appendix he mentions, in language of respectful gratitude, the 
 assistance he had received while treating of subjects connected with 
 Roman law, from a friend versed in that department, — This friend 
 was his second son George, then an advocate at the Scottish bar. In 
 1809, a second edition was published, with the author's last correc- 
 tions, and some emendations by his son. Mr. Hume, in a very long 
 note, in an early edition of his Essays, paid a very high compliment to 
 Dr. Wallace, and admitted that he had derived much information 
 from his work. 
 
 Dr. Wallace was in the practice of corresponding with many of 
 the learned men of his day, and his house was frequented by the 
 principal literary characters of the country. — It may be added, 
 that in the celebrated controversy concerning the character of Mary, 
 Queen of Scots, he dissented from the opinions of Principal Robert- 
 son, and warmly espoused those of Dr. Stuart and Mr. Ty tier, the vin- 
 dicators of the unfortunate Queen. He died at his country lodgings, 
 at Broughton Loan, (a spot now occupied by the east end of York 
 Place and Albany Row), being then in his 75th year, and was buried 
 in the Greyfriars' Churchyard. 
 
 Dr. Wallace had married Helen, daughter of the Rev. George 
 TurnbuU of Tynningham ; and he left, by her, three children ; 
 Matthew, who was preceptor to Alexander, Duke of Gordon, and after- 
 wards vicar of Tenterden in Kent, and L.L.D. ; George, an advocate, 
 already mentioned ; and a daughter named Elizabeth. Mrs. Wallace 
 survived him till the 9th Feb., 1776; his son Matthew died on the 
 14th November, 1771, a few months after his father. All his children 
 were unmarried. 
 
 A striking likeness of Dr. Wallace, painted in 1764, by Millar, 
 was presented by his representatives to the trustees for the Widows' 
 Fund, to be placed in their hall. 
 
 Besides the works mentioned in the above Memoir by his son. Dr. 
 Wallace published, in 1746, the anniversary sermon he had that year 
 preached before the Society for Propagating Christian Knowledge, 
 with the title, " Ignorance and Superstition a source of violence and 
 cruelty, and in particular the cause of the present Rebellion," the 
 text being Ps. Ixxiv. 20. Lord Dun having, in his " Friendly and 
 Familiar Advices," revived the doctrine of passive obedience and non- 
 resistance, Dr. Wallace (in 1754) felt it his duty to publish a reply, 
 accompanied with some observations on the necessity and advantages 
 of the Revolution of 1688. As to his style of preaching. Dr. 
 Erskine's estimate of it will be found in a note subjoined to our account 
 of Dr. George Wishart, Moderator in 1748. He states, in confirma- 
 tion of the opinion there given, that he heard " Dr. Wallace, on week- 
 day evenings, preach several sermons on the permission of evil, in 
 which, depth of thought, and plainness of language, were equally con- 
 spicuous." 
 
 The only person put on the leet for Moderator, along with Dr. 
 Wallace, was Mr. John M'Dermit of Ayr. In his address at the 
 
308 APPENDIX. 
 
 close (which the Mercury calls " a very fine speech,") the Moderator 
 remarked : — " It is an extreme pleasure to me to reflect on the moder- 
 ation, decency, charity, and meekness, that has heen observed amongst 
 us, as much perhaps as in many former Assemblies," Referring to 
 the Widows' Fund Scheme, for the legalising of which it had been re- 
 solved to apply to Parliament, he said, " May that God, in whose 
 hands are the hearts of the kings and princes of this earth — that God, 
 •who standeth in the congregation of the mighty, and judgeth among 
 the gods — grant it good success, and dispose the Legislature to give it 
 the sanction of law. For this shall children and widows yet unborn 
 praise them, and mention their name with honour. And now it be- 
 comes us, when we are to separate into our different places of resi- 
 dence, to manage with that prudence and regard to our countrymen 
 of all denominations, that we may procure their necessary assistance 
 for promoting so good a design." His text, at opening the Assembly 
 1744, was Ps. cxlv. 4. 
 
 1744. Mr. John Adam or Adams.* — At the time of his election to 
 the chair he was minister of Dalryraple in Ayrshire, but before the 
 meeting of the Assembly 1745, he had been translated to Falkirk, 
 where there had been a long vacancy, occasioned by competing calls 
 (both ultimately set aside) to Messrs. Leechman of Beith, afterwards 
 of Glasgow, and Speirs of Linlithgow, afterwards of Burntisland. — 
 The Presbytery of Ayr refused to loose him from Dalrymple, but the 
 Commission reversed their judgment. 3Ir. Adams was one of the 
 leading men in the Church on the popular side. He took an active 
 part in opposing the settlement of Mr. Watson at Torphichen, a de- 
 tailed account of which will be found in the present volume, p. 198 — 
 212 (see especially the note at p. 200). And I am inclined to think, 
 that he had a principle share in drawing up the " Manifesto of the 
 Popular Party," in the case of Inverkeithing (see p. 230, 242). Mr. 
 Adams died at Falkirk, on the 20th March, 1757. 
 
 The person put along with him on the leet for Moderator was 
 Mr. James Naismyth, Dahneny, who had also been on the leet in 
 1739. In his closing address, Mr. Adam says: — "I cannot but 
 observe it to the honour of this Assembly, that so great a body 
 have almost in every question come to a sentence without division, 
 even when there had appeared considerable difference of opinions 
 in the reasoning. * * * In that case of more than ordinary deli- 
 cacy, the accusation of a Professor of Divinity [Leechman] for heresy, 
 in a sermon published by him, have we not seen the beauty of chris- 
 tian charity, in condescension on the one hand to remove offence, and 
 readiness on the other to embrace satisfaction. We have had the 
 most agreeable evidence too of impartial regards to the merit of ques- 
 tions debated before us, in the honest declarations of many, that after 
 hearing a case fairly stated, they came to judge of it in a quite differ- 
 ent manner from what they had done upon some imperfect repre- 
 sentations before the meeting." He then begs pardon f^or the escapes 
 [oversights or mistakes] he may have fallen into — '■^escapes I may 
 well call them, for indeed I can charge myself with no voluntary 
 
 * There is great discrepancy in the orthography of this name, even in bis 
 own signatures as Moderator. 
 
NOTICES OF ADAM AND WISHART. 309 
 
 neglect of the regard I owed to any one member. The honour con- 
 ferred was neither my choice nor inclination. But it seems the duty 
 of the chair is not quite over. I call it the duty of the chair, to save 
 me the blush in offering advices to my Very Reverend Fathers and 
 Brethren, of whom it becomes me humbly to learn." He then al- 
 ludes to the great care requisite in licensing probationers, that matter 
 having been before the Assembly : — •' Whatever embarrassments we 
 justly complain of (in consequence of patronage), let us always re- 
 member we have the opening of the first door to all intrants into the 
 holy ministry. O ! let us make such conscience of opening it, that 
 none may ever be licensed by us to dispense the bread of life, but 
 such as, on the best grounds can be had, we have reason to judge have 
 themselves tasted the good word of life, and felt the powers of the 
 world to come." He then addresses " a word to the Honourable 
 Elders," and adverts to the Royal Bounty, the Widows' Fund, &c. 
 His text, at the opening of the Assembly 1745, was John, xii. 26. 
 
 1745. Mr. William JFjsAar^,* Principal of the University of Edin- 
 burgh. He was one of the sons of the first Principal Wishart, (of 
 whom a notice will be found belowf), and brother of Dr. George 
 Wishart, of the Tron Church, Edinburgh, who was Moderator in 
 the year 1748. He was born towards the end of the seventeenth 
 century. 
 
 « He received his education at the public schools, and afterwards at 
 the University of Edinburgh. Being early destined for the church, 
 he was, when a very young man, licensed to preach the gospel, by 
 the Presbytery of Edinburgh, about the year 1716. The Magistrates 
 of Edinburgh, at that time, being convinced that the places for public 
 worship were inadequate to accommodate the population of the city, 
 fitted up a hall, belonging to the corporation of skinners, and opened 
 it as a chapel. Here he preached for three years statedly. In 1724, 
 he accepted of an invitation tobecomeoneof the ministers of Glasgow. | 
 
 * In the Assembly-Records the name is commonly spelt Wisheart, having 
 no doubt been originally Wise-heart. Hence, in the narrative of Montrose's 
 campaigns, drawn up by his chaplain, George Wishart, the author's initials 
 on the title-page are A. S., being his latinised name, Agricola Sophocardius. 
 
 f *' He was first minister at Leith, having been ordained ' in times of the 
 liberty;' he was then transported to Edinburgh [Tion Church] upon Mr. 
 Crichton's death. He had a difficult part to act at the time of the uriioa 
 [as Moderator of the Assembly]. In his last years, he was very firm in the 
 matter of the doctrine of the Trinity, and zealous in his opposition to Mr. 
 Simson's innovations, notwithstanding the iveight of his two sons. His 
 father was minister in Linlithgow [at Kinneil, now united to Borrostown- 
 ness, in the county of Linlithgow], and was persecuted for his principles. — 
 His eldest son was in the array, and acquired the estate of Cliftonhall, Sir 
 George Wishart. Another was Rear- Admiral in England, and left £20,000 
 to the Principal, dying childless. The Principal whs a kind, honest, good 
 man — an aflfectionate, serious preacher, and pious." — Wodrow's MSS. An- 
 alecta. He succeeded Carstairs as Principal, and died in 1731. 
 
 \ The following is from Wodrow's MSS. Analecta, in the Advocates* 
 
 Library (vol. 5, p. 39), under date of Sept. 17tb, 1724 "Mr. William 
 
 Wishart ordained in Glasgow. He is settled, as is reported, over the in- 
 clinations of the people, whose consent has not been asked as usual. Town- 
 councillors and Magistrates assume the real patronage in towns, as patrons 
 
310 APPENDIX. 
 
 He first officiated in what was called the Wynd Church, and was 
 afterwards admitted minister of the Tron Church. Being strongly 
 solicited to accept of a call from a dissenting congregation in London, 
 he complied, and was first minister of the Old Jewry, and then at 
 Founders' Hall. When he left London, and repaired to Scotland, 
 he brought along with him the most ample recommendations from 
 Dr. Isaac Watts, Mr. Josiaii Bayes, Dr. Harris, Mr. Moses Lowman, 
 and Mr. Calamy."* His father, who had been Principal of Edinburgh 
 College for fifteen or sixteen years, died in 1 73L Dr. William Hamil- 
 ton, who was Professor of Divinity, succeeded him, but enjoyed the 
 dignity for only one year. He was succeeded by Mr. James Smith, 
 one of the ministers of the city, who died in 1736, when Mr. William 
 Wlshart, Secundus, was chosen in his room. 
 
 " The election took place upon the 10th November 1736; and yet 
 it is singular that he was not installed in his office till the 2d of Nov. 
 of the subsequent year.f No reason whatever is assigned for this delay. 
 Nay, he does not even appear to have accepted of the offer made to 
 him till November 1737. The reason of his not becoming one of the 
 ministers of Edinburgh at the same time that he was elected Principal, 
 was an accusation of heresy : and the Presbytery of Edinburgh would 
 not sustain the call. The accusations were very far from being sub- 
 stantiated, and, even though they had been proved, were of a very 
 trifling nature. A very candid and excellent judge, the late Dr. 
 Erskine, observes, ' that the Doctor was unjustly accused of heresy, 
 for maintaining that true religion is influenced by higher motives than 
 self-love. 'I The prosecution, however, was carried on with great 
 virulence through the inferior courts : but the General Assembly vin- 
 dicated Dr. Wisliart. There can be little doubt of his having had 
 the promise of the first vacancy; but an opening did not occur till 
 January 1739, when 'the Presbytery agreed to Principal Wishart's 
 settlement in the New Greyfriars' Church. "'|| 
 
 The doctrinal errors with which Principal Wishart was charged were 
 alleged to be contained in two printed sermons preached by him when 
 a minister in London. § The Presbytery found him guilty, but the 
 Synod acquitted him, against which judgment an appeal was taken to 
 the Assembly 1738, who disposed of the entire case in the following 
 manner: — "Mr Wishart's declaration as to the first article of the 
 charge read, owning and adhering to particular propositions of the 
 Confession of Faith, to which the passages of the Sermons referred to 
 in that first article, are alleged to be contrary, viz. concerning the power 
 and office of the magistrate in religious matters ; and then the Assem- 
 bly agreed, nemine contradicente, to acquit him from that part of the 
 
 in the country, and the people have but very little share now in settlements. 
 However, the young man is much to be commended in that, after so great a 
 legacy left by his uncle. Admiral Wishart (£16,000 or £20,000), he con- 
 tinues his first design in serving God in the ministry of Christ, and certainly 
 ought to be beloved for so doing." 
 
 * Bovver's History of the University of Edinburgh, voL ii. p. 306. 
 
 f Couric. Regist. of those dates. 
 
 I Erskine's Sermons, vol. 1, p. 270. 
 
 II Bower, loc. cit., p. 307. 
 
 § " Universal Love, £he Design of Christianity," (the text, LTim. i. 5.) 
 London 1731, 8vo, 
 
NOTICE OF PRINCIPAL WISHART. 311 
 
 charge. Next day he made a verbal declaration, which he offered to 
 give in writing, touching the several articles of the error alleged 
 against him, and asserting his belief of Truths in the Confession of 
 Faith, which the Presbytery of Edinburgh h&d charged him with hav- 
 ing contradicted in his sermons : Wherupon a committee was named 
 to consider the said declaration, hear parties, and prepare an over- 
 ture for terminating this affair and report. — Heard the report of the 
 committee appointed to consider Principal WisharVs affair ; also his 
 Declaration subscribed and given in to the Assembly this day, in 
 which he states the several articles charged against him by the Pres- 
 bytery, and solemnly disclaims all errors whatsoever, whether charged 
 upon him in the said articles, or not, that are contrary to the Confes- 
 sion of Faith, or any article of it ; and after hearing parties upon the 
 second Article, viz. That he licentiously extends the liberty of Chris- 
 tian Subjects, by leaving all men to act impune, &c., the Assembly did 
 acquit the Principal from the said article. As to the third article, 
 viz. That he is for removing Confessions, and freeing persons from. 
 suhscrij)tions thereto, &c., the Appellants declared themselves satisfied 
 with the Principal's declaration concerning that article. The As- 
 sembly went next upon the fourth article, viz. That he is greatly con- 
 cerned for a more free education of children by parents and other in- 
 structors, than is consisted tvith the directories thereof, approven by this 
 and other Protestant Churches, &.C., and the said article, with the pas- 
 sages in the Principal's sermon therein referred to, being considered, 
 they acquitted him from the charge in that article. The fifth article, 
 viz. That he profanely diminishes the due weight and influence of argu- 
 ments, taken from the awe of future rewards and punishments, &c., 
 being read, with the passages in the sermon referred to, the Assembly 
 did without a question, acquit the Principal from the charge of er- 
 ror tlierein. The appellants were next heard upon the sixth article, 
 viz. That he exceeds in his charity both to heathens, to ichoni the gospel 
 offer has been made, and who reject the same, and to such, as were born, 
 baptised, and educated in the Church, who aftenvards become deists, and 
 reject the icords r)/" Jesus and his institutions : and, after reasoning, the 
 Assembly did also acquit the Principal from the charge in that article. 
 The last article, viz. That lie seems to oppose the orthodox doctrine con- 
 cerning the sinful and corrupt state of all men from their birth, ^c, being 
 read, the appellants declared, that they passed from their appeal as to 
 that article, in respect of the answers made by Mr. Wisliart ; and 
 therefore, the Assembly assoilzied the Principal from the process 
 against him, and declare there is no ground to hinder the concurring 
 with his call to be a minister of Edinburgh, on account of any errors 
 in doctrine charged against him." 
 
 "The person who was inducted into Edinburgh in 1737, when, 
 according to the usual practice of the patrons, it ought to have been 
 Dr. Wishart, was the celebrated Dr. Alexander Webster, who, with- 
 out being presented first to a single charge, according to established 
 practice, was at once translated from Culross to the collegiate charge 
 of the Tolbooth Church. Though this was considered in those days 
 as a great innovation, yet it can be satisfactorily explained. By this 
 arrangement, he became the immediate successor of his father, Mr. 
 James Webster, who for thirty years had been pastor of that church. 
 He had long been the idol of his hearers ; and whatever opinion he 
 
312 APPENDIX. 
 
 delivered upon any subject was oracular, and instantly acquiesced in 
 by them. They had been so much accustomed to a particular style 
 of preaching, to the selection of certain doctrines, and those, too, 
 treated after a certain fashion, that to have presented Dr. Wishart to 
 them, who confined himself much more to moral illustration, would 
 have produced a rebellion, and rendered both parties very uncomfort- 
 able. The patrons, therefore, to pacify the congregation, consulted 
 their prejudices, presented the son of their late minister, who possessed 
 very popular talents, and preached the doctrines of Calvinism, though 
 he was not a Supralapsarian as his father was. 
 
 *• No sooner had Dr. Wishart entered upon his office as Principal, 
 than he immediately commenced an inquiry into the state of the Col- 
 lege. In consequence of the shortness of the time for which his two 
 predecessors had held the office, together with the bad state of their 
 health, diffijrent departments of the business of the University had 
 run into disorder ; and this was particularly the case with the library. 
 He got a new set of regulations drawn up, in order to correct the 
 abuses which had crept in. 
 
 " From the foundation of the College, the duty of the Principal 
 consisted in having the general charge of the whole society, — in taking 
 an account of the proficiency of the students of the languages and 
 philosophy, — presiding at all University meetings, public examina- 
 tions, trials for degrees, and conferring all degrees. Besides, it was 
 the custom for him, both as Principal and primarius Professor of 
 Divinity, occasionally to deliver public orations in the common hall 
 upon any literary, philosophical, or theological subject which he deem- 
 ed proper. These were attended by tlie Professors in their gowns, 
 and the great body of the students. This practice had never been 
 altogether abandoned ; but Dr. "NVishart revived it, by assembling the 
 whole University much more frequently than had been done for a 
 good many years. Though it was completely within his province, 
 yet none of his predecessors had attempted to take a minute inspec- 
 tion of the progress either of the theological or medical students. — 
 The exercise of this function was considered to be unnecessary, or at 
 least invidious, considering the age and standing of these students ; 
 and, perhaps, to render such a duty of any real use to those for whom 
 it was intended, was totally impracticable. He was most laborious in 
 taking frequent opportunities of visiting the junior classes, and of be- 
 ing present when they were examined by the different Professors.* 
 An excellent classical scholar himself, he took great pleasure in ob- 
 serving the progress of his young friends ; he encouraged and stimu- 
 lated them to greater exertion ; and, by every motive which he could 
 devise, excited them to the study of those admirable models which the 
 
 ♦ In reference to the public discourses delivered by the students before Dr. 
 (afterwards Sir John) Pringle, in the Moral Philosophy Class, Dr. Erskine 
 says : — " That great encourager of the study of the classics, and of moral and 
 political science, Dr. Wm. Wishart, Principal of the College, often hoooured 
 these discourses with his presence, listened to them with attention, criticised 
 them with candour; and when he observed indications of good dispositions, 
 and discerned the blossoms of genius, on these occasions, and afterwards, as 
 he had opportunity, testified his esteem and regard." — Appendix to Funeral 
 Sermon on Dr. Robertson. 
 
NOTICE OF PRINCIPAL WISHART. 313 
 
 ancients have transmitted to us. But the Doctor's enlarged views 
 were not alone confined to the cultivation of the learned languages. 
 He was intimately acquainted with the ancient as well as modern 
 moralists ; and the natural bent of his studies, as well as his genius, 
 led him to cherish in the breasts of such young men, as he perceived 
 to be possessed both of application and talents, an increasing desire 
 to add to their stock of knowledge. When any discourses or orations 
 were to be delivered, he regularly honoured the meeting with his 
 presence, listened to the juvenile essays with the most marked atten- 
 tion and patience, and criticised them with the most unaffected can- 
 dour. Such young men as were distinguisi)ed for their good dispo- 
 sitions, and gave tokens of genius, became the peculiar objects of his 
 regard. This paternal care was not only extended to them during 
 ihe term of their attendance at college, but was also testified upon 
 every future occasion, whenever he had an opportunity of rendering 
 them any service. By the prudence and propriety of his conduct, as 
 the head of the University, he gained the esteem and affection of all. 
 
 " Dr. Wisliart was not only intimately acquainted with the classirs, 
 but his knowledge of the writings of those modern authors who are 
 distinguished for the purity of their Latin style, was very extensive. 
 Among these, the celebrated dialogue of the amiable but unfortunate 
 Florence Wilson, or Volu$enus, De Animi Tranquillitate, was mucli 
 admired by him, as it has been by every lover o^ the Socratic school, 
 and of elegant Latinity, who has perused it. The Doctor, when re- 
 siding in London, had formed an intimacy with most of the literary 
 characters in the metropolis. Among others, he seems to have been 
 in habits of the most unreserved friendship with Dr. John Ward, 
 one of the professors of Gresham College, and author of a treatise on 
 oratory. When the Principal had determined to reprint Volusenus, 
 Dr. Ward prefixed a letter to the edition, in which he modestly, but 
 with great justice, describes Dr. Wishart's character and zeal for the 
 improvement of the students under his care. In 1743, he also pub- 
 lished Ernesti's Preface to his edition of Cicero. 
 
 •' Dr. Wishart's zeal to promote the cause of literature was not 
 confined within the walls of his College. He was ever ready to join 
 in the most hearty co-operation with those who cultivated letters. 
 Classical learning was then taught in the schools and ur.iversities 
 with considerable success ; but little attention had been paid by the 
 Scottish lifprati to the cultivation of a good English style. From 
 the time of the accession of James to the throne of England, Scottish 
 authors had avowedly proposed to imitate their more souti)ern neigh- 
 bours in their language ; but many causes concurred to prevent this 
 from taking full effect for more than a century. The nation, during 
 the whole of that period, was convulsed by internal commotions, and 
 the public mind so distracted, that little leisure was afforded for such 
 kind of studies. After the union, however, and when the minds of 
 men had time to recover from the agitation of the rebellion of 1715, 
 the examples which had been given in England began to exercise 
 their attention, and become the objects of their imitation. Associa- 
 tions of literary men began to be formed for this express purpose, 
 whose mutual intercourse stimulated each other. One of the earliest 
 institutions of this kind was " the Rankenian Club," so called from 
 the name of the tavern-keepef in whose house they assembled. The 
 
 2d 
 
314 APPENDIX. 
 
 gentlemen who composed it* spent their hours of meeting in literary 
 conversation, making critical remarks on any new works of merit 
 that were published ; or on the style, sentiment, or manner, of au- 
 thors of established reputation. One of their number was appointed 
 to deliver an essay upon some prescribed subject at each meeting ; 
 concerning the merits of which, every member was requested to give 
 his opinion. Dr. VVishart was a very active member of this society. 
 
 " The Principal was no less eminent as a preacher than as an elegant 
 scholar. The popular preachers in Scotland at the time that he began 
 his ministry, chiefly discussed in public some parts of the system, taking 
 a doctrine, upon the explanation and corroboration of which they en- 
 tered with all the formality of a theological Professor. 
 
 " Dr. Wishart was among the first, if not the very first, in Scotland, 
 who pursued a very different course as a minister of the gospel. 
 Possessed of a good taste in composition, an accurate judgment, an 
 excellent fund of natural sense, and thoroughly master of his subject 
 as a divine, he determined to trace out a path opposite to that of most 
 of his brethren. Whilst he avoided the vulgarities and technical 
 phraseology which disfigured the sermons of the generality, he deter- 
 mined to combine as much plainness, elegance, and useful illustration, 
 in his discourses, as he possibly could ; and all these he attained in a 
 high degree. He was at the same time distinguished, says the late 
 excellent Dr. Erskine, for " depth of thought, originality of genius, 
 and the art of gaining attention to the most common and necessary 
 subjects, by new reflections, illustrations, and arrangements. "f 
 
 The Doctor adds in a note : — *' Dr. William Wishart, to whose 
 abilities and worth less justice has been done than to those of his bro- 
 ther, preached, in 1746, a course of sermons in his own church, on 
 the new birth ; and I well remember in how beautiful and interesting 
 a manner he illustrated the change made on self-love, the social prin- 
 ciple, and other springs of action in the human heart." Besides the 
 sermons already mentioned, Principal Wishart published his sermon 
 at the opening of the Assembly 1746, under the title of " Public 
 Virtue recommended." In 1739, he prefixed a recommendatory pre- 
 face to a new edition of " Scougal's Life of God in the soul of Man ;" 
 and in 1742, republished " Select Sermons by Whichcot." Watt, 
 in his Bibliolheca Britannica, likewise ascribes to him *' Sermons, 
 1753. 12mo." and " An Essay on the indispensable necessity of a 
 holy and a good life to the liappiness of Heaven ; shewing that this 
 necessity, according to the plain tenor of the gospel, is without any 
 reserve or exception. 1753. 12mo." The book entitled " Theo- 
 logia" was not by him, but by his father. In church-politics. Prin- 
 cipal Wishart was a leading man on the popular side, of which proofs 
 will be seen in the present volume, at pp. 209, 230, 243. 
 
 When he was elected Moderator in 1745, there were put on the 
 leet along with him, Messrs. James Bannatyne, Edinburgh (who had 
 the chair in 1739), and Mr. Hugh Maxwell, Strathmartine. " The 
 Assembly did with great unanimity make choice of the said Princi- 
 pal Wishart." In his concluding speech he said : — " You liave done 
 justice in several cases that have been discussed by you, for the regu- 
 
 * See the preceding memoir of Dr. Wallace, p. 301. 
 t Bower, loc. cit. p. 308—316. 
 
NOTICES OF WISHART AND LUMISDEN. 315 
 
 lar and happy planting of vacant congregations, and for securing the 
 piety of the lives of ministers, and at the same time defeating and 
 frustrating the hidden arts of calumny and defamation. You have 
 given some proper directions, and earnest recommendations to inferior 
 judicatures, and have gone as far as you could to extend the just 
 fences which the good rules of this Church had made about the char- 
 acter of its ministers, to those who have at best an equal title to them 
 [see p. 67] — in all which you have acted, if not with a perfect unani- 
 mity, yet with an agreeable harmony, and without uncharitable and 
 unchristian divisions. « * * I have observed. Very Reverend 
 and Honourable, that some of my Reverend Fathers, who have wor- 
 thily filled this chair, have dismissed their brethren with weighty and 
 serious exhortations, and their best fatherly advices — a province more 
 becoming them than me ! And therefore, instead of presuming to 
 offer you anything of that sort, in my own words, give me leave to 
 put you in mind of some solemn and awful words of our Lord and 
 Master Jesus Christ — " Ye are the light of the world, &c." His text, 
 at the Assembly 1746, was Ps. cxxii. 6th, to the end — In 1751, an 
 attempt was made to put Principal Wishart again in the chair, by the 
 party opposed to the Augmentation-Scheme; but, as will be seen at 
 p. 190, it failed of success. 
 
 Principal Wishart died on the 12th May, 1753, and was succeeded 
 by Professor Gowdie. His widow married Dr. John Scot of Stewart- 
 field, 4th Sept., 1754. 
 
 1746. Mr. John Lumisden, Professor of Divinity, King's College, 
 
 Aberdeen The candidates for the chair along with him were, Messrs 
 
 John Guthrie, Ratho ; John Hepburn,* Edinburgh; and George 
 Lindsay, North Leith. His address at the close, which was rather 
 brief, contained, as might be expected, allusions to the lately-suppress- 
 ed Rebellion : — " First we must all be sensible of the goodness of our 
 God, by whose kind providence we have been called together and al- 
 lowed to meet at this juncture. When we turn our thoughts toward 
 the few months past since our last Assembly, we see nothing but com- 
 motions and confusions, violence and oppression, filling almost the 
 whole period. Yet our gracious God, who has hitherto preserved 
 this Church from being consumed, has again provided for us a peace- 
 able and quiet retreat, and a secure time and place of meeting. This 
 spot of earth, though not cheered by the warmest sun, is yet blessed 
 with the brightest dispensation of religion, &c." In addressing the 
 Commissioner, he said : — " 'Tis our duty to acknowledge with great 
 thankfulness the peculiar obligations you have laid us under, by your 
 patient attendance on the several diets of this Assembly, and by your 
 great indulgence to us, and bearing with us, in the tedious course of 
 our business, and length of our debates, ^c." His text, in opening the 
 Assembly of next year, was Rom. i. 16. 
 
 Professor Lumisden (who was one of the King's Chaplains,) died 
 the 2d July, 1770, at an advanced age. — He was succeeded by Dr. 
 Alex. Gerard, who had been previously Divinity Professor in Marischal 
 College, and who had for his successor there. Dr. George Campbell. 
 
 * He was also on the leet in 1741. He was King's Ahnoner for Scot- 
 land, and died at Mauldslie, near Hamilton, on the 29th April, 1749, in the 
 32d year of his mioistry. 
 
 2d 2 
 
316 APPENDIX. 
 
 1747. Mr. Robert Kinloch. — He was born in 1688, was ordained 
 one of the ministers of Dundee in 1713, and translated to Edinburgh 
 in 1728, becoming one of the ministers of the High Church. His 
 only publication was his sermon before the Society for Propagating 
 Christian Knowledge, preached in 1731 (being the second anniversary 
 sermon delivered), and entitled, " The Truth and Excellency of the 
 Gospel Revelation." 
 
 The only person put on the leet along with him was Mr. Andrew 
 Dickson of Aberlady. — In his concluding address, referring to the 
 settlement of parishes, he says : — '< In the management of this impor- 
 tant business, as well as in our other affairs, it gives a sensible plea- 
 sure that in several instances there hath been an entire unanimity, and 
 in such cases where there appeared different sentiments, yet, through 
 the hand of God upon us, the peaceable christian spirit hath been pre- 
 served ; — and, may I hope, it will be your great care to maintain and 
 promote this happy temper in the several corners of the Church where 
 you are immediately concerned. Oh ! my brethren, mutual love 
 and affection, a firm union and harmony amongst ourselves is our 
 beauty and strength, and would give the greatest joy to our friends, 
 as well as the most mortifying disappointment to our enemies." He 
 then cautions them " against that cruel persecuting Popish spirit 
 which we so justly detest and abhor. But I must check myself, and 
 rather than speak of any thing more, ask pardon for having presumed 
 to speak so much, considering to whom I address myself. Allow me 
 only to add, that as I am conscious to myself how unequal I have been 
 for the trust you were pleased to repose in me, so I take this occasion 
 to express the grateful resentments I have of the civilities and indul- 
 gencies you have been pleased to show me. And if I have failed in 
 overlooking any of the members of this house, who well deserve regard 
 and respect to be paid ihem, I humbly ask their forgiveness." His 
 text next year, was Rev. iii. 19. 
 
 P.Ir. Kinloch being laid aside from duty by indisposition, gave in 
 his resignation to the Presbytery not long before his death, which 
 happened on the 3d April, 1756, seven days before that of Mr. Ban- 
 natyne of the College Church, Moderator in 1739. 
 
 1748. Mr. George Wishart — He was born in 1702, — was the son 
 of theirs? Principal Wishart, and brother of the second, who had been 
 Moderator in 1745. He was one of the ministers of the Tron Church, 
 Edinburgh. In 1746, he was elected Principal Clerk of the Church 
 (see the present vol. p. 86). In 1756, he received from the Univer- 
 sity of Edinburgh the degree of D.D. ; and in 1765, succeeded Mr. 
 William Gusthart, of the Tolbooth Church, as one of the Deans of 
 the Chapel Royal. He published various occasional sermons, e. g.t 
 " The case of offences against Cliristianity considered," being the 
 Anniversary Sermon before the Society for Propagating Christian 
 Knowledge in 1742 ;" " Times of Public Distress, Times of Trial,'" 
 preached during the Rebellion in 1745. " The distinguishing charac- 
 ters of True Christianity ; and the great causes of all Corruptions of 
 it:" being the sermon he preached at the opening of the Assembly 
 1749, from 1 Tim. vi. 3. Dr. George Wisliart survived his brother 
 the Principal for more than thirty years, and died on the I2th June, 
 1785, aged 83. 
 
NOTICE OF DR. GEORGE WISHART. 317 
 
 The following is the character given of him by his colleague. Dr. 
 Drysdale, in the funeral sermon he preached on the occasion of his 
 death : '* It pleased Almighty God, for the benefit of the world around 
 hiro, to bestow upon him a considerable portion of that time to which 
 He has limited the life of man upon earth : And during the whole 
 course of his time, the good man is universally known to have main- 
 tained a dignified consistency of character and conduct, the founda- 
 tion of that peace and serenity of mind which attended him to his 
 last moments. In the public station which he occupied, he was an 
 object of attention to successive generations, who all concurred in 
 ascribing to him the praise of true goodness, a character to which his 
 whole life justly entitled him, — a character honourable in the highest 
 de'^ree ! by which he will be long affectionately remembered. His 
 piety towards God was genuine and sincere, without ostentation, or 
 mixture of art to catch the admiration of the multitude ; and the 
 truth of it uniformly demonstrated by affectionate regard to the chil- 
 dren of God, and good will to all men ; which are the true and only 
 undoubted proofs of its reality. With a generous heart, and liberal 
 hand, he, as far as he had power, relieved the poor, and comforted 
 the distressed. Through his whole life, he was the friend of the 
 helpless, the encourager and faithful counsellor of indigent merit, of 
 which his true delight was to promote the success : And it may be 
 truly said of him, that he never wearied of well-doing. Those good 
 qualities which he exemplified in his conduct, he warmly and power- 
 fully recommended in his instructions as a minister of religion. In 
 the exercise of that office, he shone forth with peculiar lustre ; and it 
 must be particularly mentioned to his praise, that he was early 
 one of those valuable men,* who turned their hearers from specula- 
 
 * It is probably to this passage that Dr. Erskine refers in the appendix 
 to his Funeral Sermon for Principal Robertson, when he says :— " Some 
 sons of the clergy, unjust to their worthy fathers, ascribe to Dr. George 
 Wishart the honour of first introducing to our pulpits, a rational, accurate, 
 and useful strain of preaching. Surely they could not be ignorant how 
 much the writings are still admired of Leighton, Scougal and Dunlop, who 
 lived and died long before the amiable doctor. I acknowledge, the cruel per- 
 secution after the restoration, obliged many ministers to preach with little 
 study and with little accuracy. Afraid they might never enjoy another oppor- 
 tunity of addressing: their beloved hearers, they often crowded a vast variety 
 of matter into one discourse. The multitude, too, of their divisions and subdi- 
 visions, would have blunted the force of truth, had not an uncommon measure 
 of divine influence accompanied and blessed their honest and hazardous labours. 
 After the Revolution, from habit, they often retained a manner of preaching 
 which had no longer the apology of necessity. lu this, they were too much 
 imitated by some of the next generation, who justly valued their piety and 
 zeal. By degrees, however, the good sense of a large proportion of our 
 clergy, and their acquaintance with the best compositions of English di- 
 vines, both of the Church and Dissenters, corrected those blemishes, im- 
 proved their taste and convinced them that the charms of truth might he 
 concealed by a sordid and slovenly dress. About 1730, a few young minis- 
 ters and preachers, avoiding a negligent style, and an unnecessary multiply- 
 ing of heads, were betrayed, by a blind admiration of Lord Shaftesbury, into 
 the opposite extreme, of pompous, florid, and ill connected harangues. 
 Happily, however, this flimsy taste was soon checked ; not only by the con- 
 tempt and displeasure of the greater part, both of ministers and people, but 
 
 2 D 3 
 
318 APPENDIX. 
 
 tion to practice, from barren speculation to rational religion ; 
 from subtile distinction in opinion to the culture of true piety 
 and virtue; wisely guarding them against the weakness of super- 
 stition on the one hand, and the dreams of enthusiasm on the 
 other. Distinguished as he was by uncommon talents for conveying 
 the truths of religion in a clear and persuasive manner, and by gene- 
 ral applause from men, he still retained the original and engaging 
 modesty of his nature, assumed no air of superiority to other men, 
 did nothing through strife or vainglory, but, in lowliness of mind, 
 was apt to esteem others better than himself; and if it can be said of 
 any man, it may be said of him, that the same mind which was in 
 Christ Jesus, was also in him." 
 
 Mr. Henry Mackenzie, in his " Life of John Home," (p. 18,) 
 thus speaks of his personal appearance: — "Of George Wishart, 
 minister of Edinburgh, and another of what was termed the mod- 
 erate party,* the figure is before me at this moment. It is pos- 
 
 hy the translation of Fenelon and Rollin's writina;?, and the just senti- 
 ments of eloquence which they inculcated. Fiom these, and other 
 causes, about the time of Dr. Robertson's academical education, and 
 immediately after it, perhaps as much as at any period, a great part of the 
 ministers of Edinburgh, and of the country, endeavoured, with success, to 
 gain the attention and esteem of their hearers, not to themselves, but to the 
 glorious truths and duties which they taught. Perhaps, few of them 
 equalled Dr. George Wishart, or Dr. Patrick Cuming, in an easy, fluent, 
 neat and elegant style : Dr. Cuming, in extL*nsive historic.il and critical 
 knowledge, judiciously applied for the purposes of instruction and edifica- 
 tion ; Dr. Webster, in a tender, pathetic address ; and Dr. Wallace, and 
 Dr. William Wishart, in depth of thought, originality of genius, and the 
 art of gaining attention to the most common and necessary subjects, by new 
 reflections, illustrations and arrangements. But many of those, from unweari- 
 ed study, both of the doctriual and practical part of the sacred oracles, from 
 acquaintance with the human heart, and Christian experience, though less 
 admired as polite or as popular preachers ; yet feeling what they preached, 
 kept back fiora their hearers nothing profitable, and approved themselves 
 workmen who needed not to he ashamed, rightly dividing the word of life. 
 It is to he regretted, that the modesty of those excellent men has deprived 
 posterity of the edification which it might have received from their writ- 
 ings: so that Crawford's Dying Thoughts, and Zion's Traveller, Baana- 
 tyne's Mistakes about Religion, and Maclaurin's posthumous sermons and 
 essays, are almost the only larger publications of divines of those times, to 
 which I can appeal in proof of what I hive now observed. The evangeli- 
 cal strain of Boston of Ettrick, and some of the first leaders of the Secession, 
 is, indeed, justly valued by many serious Christians of almost all denomina- 
 tions. Thieir works, however, would have been more generally read, and 
 probably proved still more extensively useful, had they avoided blemishes of 
 style, now become less common, than in the end of the last, and beginning 
 of the present, century. " 
 
 * In classing Dr. George Wishart with the Moderate Party, Mr. Mac- 
 Kennie must be understood as referring more to his style of preaching, 
 than to his Church-politics. It will be seen, that Dr. Drysdale claims him 
 as one of the founders of his own school of pulpit-eloquence ; but in matters 
 of ecclesiastical polity, he was commonly found (at least in the early part of 
 his career) rather on the popular side, like his brother the Principil. Mr. 
 Mackenzie is in a still greater error in classing Dr. Patrick Cuming in the 
 •' high party," along with such men as Drs. Webster and Dick. 
 
NOTICES OF WISHART AND CUMING. 319 
 
 sible some of the Society who hear me* may remember him. — 
 Without the advantage of that circumstance, 1 can faintly describe 
 his sainted countenance — that physiognomy so truly expressive of 
 Christian meekness, yet, in the pulpit, often lighted up with the 
 warmest devotional feeling. In the midst of his family society — 
 a numerous and amiable one — it beamed with so much patriarchal 
 affection, and benignity, so much of native politeness, graced with 
 those manners which improve its form, without weakening its sub- 
 stance, that I think a painter of the Apostolic Schoolf could have no 
 where found a more perfect model." 
 
 The ministers put on the leet along with him were, Messrs. George 
 Gordon, Alves, and John Adams, Falkirk, the latter having had the 
 chair in 1744. In his closing address, he referred with pleasure to 
 the overtures the Assembly had adopted respecting the exclusion of 
 non-conformists from the calling of ministers, and the preaching on 
 Revolution principles (see pp. 108, 109) : — " What a happy improve- 
 ment would it be of the late wicked attempt to deprive us of all that 
 is dear to us, if it was a means of extinguishing all those heats and 
 animosities which have sometimes been among us, and of inspiring us 
 with stronger sentiments of brotherly love and friendship, as embarked 
 in one common cause of the greatest importance. The prevalency of 
 such a spirit would be our strength and our glory. ' Tis abundantly 
 evident what mischief must arise from party-differences among the 
 friends of our happy constitution. Let us, for our part, keep our- 
 selves disengaged from all parly-views and interests, — let those nar- 
 row attachments be swallowed up in zeal for those things which are 
 of universal importance, and of the utmost concern. Those things 
 promote the good of all, even of our enemies themselves, if they were 
 of a disposition to be made happy, and knew when they were well." 
 
 1749. Mr Patrick Cuming — He was born in 1695; and on the 
 death of Mr. Matthew Crawford in 1737, became Professor of 
 Church History in the University of Edinburgh, and one of the 
 ministers of the city.:}: His Text-book as a Professor was Jo. Al- 
 phonsi Turretini Compendium Historiae Ecclesiastics. He resigned 
 the chair on the 18th June 1762, in favour of his son Robert, who, it 
 is said, made the appointment a sinecure. || Dr. Erskine speaks of Dr. 
 
 * The " Life of Home" was originally drawn up for, and read to the 
 Royal Society of Edinburgh. 
 
 f " I am aware that there is no such school techically so called ; but I 
 shall be easily understood to mean that class of painters whose subjects led 
 them so often to exhibit the sainted countenances of our Saviour and his 
 disciples." 
 
 \ He was an ordained minister however, so early as 1720. la the Acts 
 of Assembly, I find mention made of a "Patrick Cuming," both at Ormis- 
 ton and Lochmaben. 
 
 [| Dr. Cuming's colleague in the Theological Faculty was Dr. John Gow- 
 die, (somerimes anglicised iuto Goldie) Professor of Divinity, whose text- 
 book was Ben. Picteti Theologia Christiana. He was born in 1682, and 
 about the year 1703 was settled at Earlston, where be remained till the year 
 1730, when be was transported to Edinburgh. Boston of Ettrick, who was 
 long a CO -presbyter of his, bears this testimony tn his character, when 
 speaking of the Synodical discussions regarding the oath of abjuration, in 
 
320 APPENDIX. 
 
 Patrick Cuming as a man of extensive historical and critical know- 
 ledge ; and as a preacher, equalled by few, *' in an easy, fluent, neat, 
 and elegant style." He seems chiefly to have excelled, however, as a 
 man of business ; and after his removal to Edinburgh was not long in 
 becoming the recognized leader of that party in the Church, which as- 
 sumed the name of Moderate. 
 
 The prominent features of his early policy, as well as of his personal 
 character as a leader, have been well delineated by Sir Henry Mon- 
 criefF: " The two parties, who were understood to divide the Church, 
 were not exactly characterized by the same doctrines, which have 
 since distinguished them. Both, at that time, admitted the constitu- 
 tional necessity of a call from a parish, to become the foundation of a 
 pastoral relation, between a presentee and the parishioners; but they 
 who called themselves the moderate party, affirmed the legal call to be 
 limited to heritors and elders, (according to the spirit of the Act of 
 
 1712 : — " I bad from that time a particular regard for Mr. John Gowdie, 
 minister at Earlston, a grave and learned man, upon the account of his 
 candour and ingenuity, though joined with principles very contrary to 
 mine : he owned, that the ministers, in the year 1648, would not have taken 
 that oath, according to their principles. And in this regard to that bro- 
 ther, I had been, since that time, all along confirmed ; and even in the As- 
 sembly 1729, in Professor Simson's aflFair ; the man dealing plainly and 
 candidly, according to his light ; though in such matters of more public 
 nature, he and I were still on opposite sides of the question." The following 
 is not quite 80 complimentary. "On August 30, (1713,) continuing my 
 ordinary, Hos. xiv. I did withal leturn to explain the catechism ; but be- 
 gan at the duty which God requireth of man. And judging the discovery 
 of the exceeding breadth of the command to be of great importance, I did 
 insist on the ten commands very largely; so that the sermons on there ended 
 not till August 28, 1715, two years after this. Which brings to mind 
 an occasional encounter, before our presbytery, with Mr John Gotvdie 
 above mentioned ; who happening to tell us of his preaching catechetical 
 doctrine, shewed, that he had cursorily gone over the ten commands, as 
 judging that best for the case of the people : I found myself obliged to de- 
 clare before them all, that I was quite of another mind ; the fullest unfold- 
 ing of the holy commandment being necessary to discover the need of 
 Christ, both to saints and sinners. But I have always observed narrow 
 thoughts of the doctrine of free grace, to he accompanied with narrow 
 thoughts of the extent of the holy law." Mr. Gowdie succeeded Mr. James 
 Smith as Professor of Divinity, in 1733, and Dr. William Wishart, Secun- 
 dus, as Principal, in 1754. Boicer says (History of the University, vol. 
 II. p. 285) that, " he was generally esteemed a man of moderate abilities, 
 but very attentive to the discharge of his academical duties." He was Mo- 
 derator of the Assembly in 1733 ; and, when at the November Commission, 
 the question was put in reference to Ebenezer Erskine and his three 
 brethren, "Proceed to a higher censure than suspension, or not," it carri- 
 ed by his casting vote "Proceed," for which he incurred a good deal of odium. 
 Professor Gowdie's only publications were, 1st, " Salvation of Souls, the 
 desire of every faithful minister," in Two Sermons, 1732 ; and 2d, ** The 
 Propagation of the Gospel, and the Blessed Effects thereof, " a Sermon on 
 Isa. xi. 6 — 9, being the Anniversary Sermon for the Society for Propagat- 
 ing Christian Knowledge in 1735. He died on the 19th February 1762, in 
 the 80th year of his age, and the 59th of his ministry. His wife was Anne 
 Ker, eldest daughter of Walter Ker of Littledean ; ahe survived him till the 
 21st April, 1764. 
 
NOTICE OF DR. PATRICK CUMING. 321 
 
 Assembly of 1732 ;) while the other party contended (as the original 
 Seceders had done) for the right of the parishioners at large, or at 
 least of the heads of families, to be admitted as callers. Tiie former 
 had the support of the government, who, by this time, perpetually in- 
 terfered in the management of assemblies, and especially on every 
 point, which related to the settlement of ministers ; while the latter 
 derived their chief strength from popular favour, and from the influ- 
 ence of those who deprecated every measure which they thought 
 was calculated to alineate the people from the Established Church, 
 and to lessen the usefulness and respectability of the parochial minis- 
 ters. 
 
 '* Archibald, Earl of Isla, afterwards Duke of Argyle, came to have 
 the chief management of Scotch aflPairs ; and under him Br. Patrick 
 Cuming, one of the ministers of the city, and Professor of Church 
 History in the University in Edinburgh, was the chief ostensible leader 
 in the Church. Dr. Cuming was certainly a clergyman both of worth, 
 and of talents. His distinction as a man of letters, and as a preacher, 
 entitled him to every degree of respect. His powers of conversation 
 raised him above his contemporaries. His capacity for the management 
 of public business gave him sufficient advantages, in his political 
 character ; though his influence, in a great measure, depended on the 
 administration which supported him. 
 
 " The party, under his management, did not pretend to attempt 
 the abolition of calls, in the settlement of ministers ; and always pro- 
 fessed to require the call of heritors and elders, before they gave 
 effect to a presentation. 
 
 " But, under their management, it was seldom difficult to procure 
 such a call as satisBed them, even in cases, in which the great body 
 of parishioners were hostile to the settlements. By the influence of 
 the patrons, which came to be more keenly exerted than was usual 
 at an earlier period, and the help of non-resident heritors, they seldom 
 failed to effect their purpose. And when the Assemblies executed 
 their sentences by committees of their own, the induction of the pre- 
 sentees was completed, even where the opposition was strongest, 
 without either encroaching on the scruples of one class, or being de- 
 feated by the timidity of another. 
 
 *' It must be evident, however, that the appointment of such com- 
 mittees was neither sanctioned by constitutionallaw, nor justifled by 
 any experience of its expediency. It diminished the immediate dif- 
 ficulty of executing the sentences of the Assembly. But it had no 
 tendency to remove the prejudices of the people ; and was evidently 
 calculated to lower, in their eyes, the respectability of the ministers, 
 who were inducted by means so unusual and irregular. 
 
 ** Tlie last committee on this service was appointed in 1751 ; and, 
 from this time, the Assemblies peremptorily required the execution 
 of their sentences, to be completed by the Presbyteries respectively." 
 — Appendix to the Life of Erskine, p. 457. 
 
 Though Dr. Cuming acquiesced in this new line of policy, it did 
 not originate with him, but with a few younger and bolder spirits, 
 at whose head was Robertson, then minister of Gladsmuir. From this 
 period, Cuming's influence gradually declined ; and when Robert- 
 son was translated to Edinburgh in 1758, he very soon obtained that 
 ascendancy in the councils of the moderate party, which he preserved 
 
322 APPENDIX. 
 
 unimpaired for up^vards of twenty years. Indeed, at no period had 
 Cuming's personal influence been equal to that which was acquired by 
 the Principal. A striking proof of this occurred in the years 1753 and 
 1754, in the settlement of the office of Agent for the Church. Though 
 Dr. Cuming strained every nerve to secure his object, he was on both 
 occasions defeated by large majorities. Having drawn up, and pub- 
 lished his '« Reasons of Dissent" from the Assembly's decisions in the 
 case, a committee was appointed to prepare answers ; and both docu- 
 ments display a good deal of keenness. The committee commence 
 their reply thus : — 
 
 ** It is with the greatest concern we find the Rev. Professor Cuni' 
 ing and his adherents have thought themselves obliged to dissent 
 from the proceedings of so venerable a body as the General Assembly 
 of the Church of Scotland, upon the reasons after mentioned, and 
 others which they say they have, but which they have not thought 
 proper to divulge. We regret extremely, that any thing should have 
 obliged the Rev. Professor to conceal any of the grounds of his dis- 
 sent. For though the act is done, and cannot be recalled, we would 
 wish, in future emergencies of the like nature, to be properly inform- 
 ed of every thing which could be offered on the subject : and could 
 not, with reason, expect more instruction, than from the Rev. Profes- 
 sor whose special province leads him to more acquaintance with ecclesi- 
 astical proceedings than others. But seeing he has left us entirely ia 
 the dark as to some of the reasons for his protest, and as those with 
 which he is pleased to favour us, though no fewer than eight, derive 
 all their supposed strength from a misrepresentation offsets ; it seems 
 proper to begin with a true state of the case ; which, as it moved us 
 to be of the number of those who concurred in the proceedings dis- 
 sented from, will, at the same time, it is believed, serve as a good an- 
 swer to any objections which have been, or may be made against 
 the Assembly's procedure." 
 
 The conclusion is in a similar spirit : — " When what is founded on 
 these two Reasons of Dissent is laid aside, nothing remains of all the 
 eight, except the important question. Whether the Assembly should 
 have determined the affair on a Saturday, or on a Tuesday? With 
 respect to whicli, however much the Dissenters enlarge upon it, we 
 must be excused for being of opinion, that it is a thing which does 
 not admit of a serious argument. In vain do they allege, that many 
 members don't come to town, or attend, on the three first days of 
 Assembly, on the faith that no great business is then transacted, when 
 in fact the members were come to town, and did attend, in so 
 much that the number of the Assembly on Saturday, was within two 
 or three of their number on the Wednesday following, when the most 
 important affair was before them. And we must be forgiven to say, 
 that the pretext for a delay till Tuesday, that the members might 
 have an opportunity to deliberate on so material a concern of the 
 Church, is not so consistent with the known candour and opennets 
 of THE Reverend Professor and his adherents ; and we may venture 
 to affirm, that many members of less penetration saw through the 
 whole affair even before the Saturday. The instance they give, of 
 the proceedings of the Assembly 1743 with respect to the election of 
 Messrs. Baillie and Macintosh, is not very lucky for their cause. They 
 tell us, it was 6rst moved on the Saturday, and determined on the Tues- 
 
NOTICE OF DR. PATRICK CUMING. 523 
 
 day thereafter ; so that, according to their account of the matter, the 
 whole affair was no longer in agitation than in the present case: for 
 we hope the Dissenters will not allege, that the Reverend and Hon- 
 ourable Members of that Assembly chose the clerkship for the sub- 
 ject of their devotion on the Lord's day. But as the Dissenters have 
 reserved some reasons in petto, possibly they wanted a delay till Tues- 
 day, hoping, by the prudent application of means which have been 
 used successfully on other occasions, to be able, against that time, to 
 make a fresh push for putting it off to a further day, and then another 
 to have put it off altogether, and thereby given a candidate they had 
 in view, the chance of Mr. Baillie's death, and another Assembly. If 
 this was their intention, we cannot help being of opinion, that respect 
 to the Assembly, whose time is not to be consumed unprofitably, ten- 
 dernessfor Mr Baillie, whose interest depended so much on present exe- 
 cution, and regard for Mr. Edmonston, who is known to be every wav 
 well qualified for the office, all concurring in support of the resolution 
 taken by the General Assembly, are more than sufficient to answer 
 whatever has been alleged against it. We cannot conclude without 
 observing, that as the dissent was not entered against the resolution 
 of the Assembly on Thursday to commit the affair, nor from their re- 
 solution to determine it on Saturday, but from their subsequent deci- 
 sion, accepting of Mr Baillie's resignation, the title of the Reasons of 
 Dissent is not easily reconciled with truth ; and all that is offered in 
 them against the Assembly's not delaying till Tuesday, quite beside the 
 purpose, being levelled against a sentence not dissented from ; that 
 is, in plain English, a mere aftergame, not so becoming the Rev. Dis* 
 senters, to colour over a protest devoid of argument, and destitute of 
 every reasonable support." 
 
 When the Assembly of 1770 allowed a notorious delinquent 
 (Stewart of Glendovan) to escape merited deposition, we find Dr. 
 Cuming among the Dissentients, along with others of his party. He 
 published a Sermon preached on Dec. 18, 1745, the Fast-day for 
 the Rebellion ; also, a Sermon on Matt. xi. 5., being the Anniversary 
 Sermon for the Society for Propagating Christian Knowledge. 1760. 
 
 Dr. Cuming was three times Moderator of the Assembly, viz., in 
 1749, 1752, and 1756. In 1749, there was put on the leet along 
 with him, Mr. David Blinshall of Lamington, but " Mr. Cuming 
 was chosen unanimously." To this circumstance he refers rather pom- 
 pously in the outset of his address : — " As to you belongs the power 
 of choosing your Moderator, and as you have unanimously chosen me, 
 I should be lost to friendship, the noblest virtue, and guilty of ingra- 
 titude, the worst of vices, if I did not declare, in the most public man- 
 ner, the warm sense I have of the distinguished honour you have done 
 me. I do not owe it to any party, or to those only of one way of 
 
 thinking, but to you all." He goes on to speak of patronage : «' The 
 
 law of patronage is a hard law, which we, of ourselves, are not able to 
 repeal; it may involve us in many difficulties, and a regard to it may 
 expose us to great reproach. But one thing is in our power, which 
 would in a great measure prevent those hardships, and that is a faith- 
 ful discharge of the great trust reposed in us of licensing preachers 
 and ordaining ministers. If such care were taken, patronage must 
 become less burdensome, and every congregation would be well-pro- 
 vided." He then alludes to the Augmentation^ Scheme, which he saySj 
 
324 APPENDIX. 
 
 he always had very much at heart : — " Who is there that is acquainted 
 with the state of the ministers of the gospel in this country, and has 
 a sincere friendship for the Church of Scotland ? who is there that 
 loves religion and learning — nay, who is there that has any bowels of 
 compassion, but must feel for the deplorable circumstances of many 
 worthy families struggling with want and poverty, groaning under a 
 burden which is like to sink them, and overwhelmed with sorrow at 
 the prospect of the miseries of their children, and posterity ? The 
 very gaiety and cheerfulness of their infants, which gladdens the hearts 
 of parents in these circumstances, make them melancholy when they 
 consider the misery to which they are born. What noble mind but 
 must be touched with the view of that ignorance and barbarity which 
 must soon spread itself over the country, if those who are to be teach- 
 ers of religion shall have no education, no knowledge, no learning? 
 and, from that anxiety which poverty is apt to create, no freedom of 
 mind to search for truth, and improve in the knowledge of religion ; 
 or if by christian fortitude they should become superior to the evils of 
 life, yet must they fall under such contempt as to be incapable of re- 
 commending religion with success. ' The poor man's wisdom is des- 
 pised, and his words are not heard.' We expect, we acknowledge, no 
 great things — nothing but what may contribute to the advancement 
 of religion — the security of our happy constitution — and promote the 
 interests of knowledge and learning. Lands are greatly improved, 
 the emoluments of all professions and employments are increased — 
 men of all callings are capable of reaping advantages by them ; — and 
 should the ministers of the gospel be only excluded?" After refer- 
 ring to the first Book of Discipline as an authority on this subject, he 
 adverts to the General Peace which had not long before been conclud- 
 ed : — " What avails us that we enjoy public peace, if we ourselves are 
 enslaved by our passions, and do not enjoy that calmof mind, that peace 
 of conscience, which will lieighten all the pleasures of prosperity, and 
 support us under all the distresses of human life. Let us part from 
 one another in love and friendship — let us leave all our animosities 
 behind us, and keep up that friendly correspondence which will make 
 our society upon earth to image that which we hope to enjoy in hea- 
 ven," His text, in opening the Assembly 1750, was Isa. xxxiii. 6. 
 
 The account of his election to the chair in 1 7o'2, and his concluding 
 address then, have been already given at pp, 260, 288. 
 
 Dr. Cuminff married a Miss Jean Lauder, who predeceased him 
 on the 23d Nov., 1769. He himself died on the 1st April, 1776, in 
 the 81st year of his age, and 56th of his ministry.* 
 
 1750. Mr Robert Paton or Patoun, — He was born in 1690, and 
 became minister of Renfrew. He seems to have acquired much re- 
 putation in the Church as a man of business, and took a lead in his 
 own Presbytery and Synod, as also in the Assembly. In 1746, he 
 was an unsuccessful candidate for the office of clerk to the Church 
 (see p. 86). Having been a warm promoter of the Augmentation 
 
 * In the announcement of his death in the newspapers, he is styled "of 
 Rylucas," which probably denotes a place in the parish of Edinkillie, Moray- 
 shire, now the property of Sir Thomas Dick Lauder. The name Cuming 
 ia very prevalent in that county. 
 
NOTICES OF PATON AND MACKIE. 325 
 
 Scheme, that circumstance, no doubt, contributed to his election as 
 Moderator in 1750, " by a very great majority" — the only other person 
 on the leet being 3Ir Walter Sim of Tullynessle. Mr Paton went 
 to London as one of the Church Commissioners for carrying the 
 scheme through Parliament (see p. 166.) There appeared in 1739, 
 a sermon by him on " the Main Duty of Bishops" — but it was said 
 to be •' done from a copy taken in short-hand, the author refusing 
 to consent to the publication of it." 
 
 In his closing address as Moderator, after alluding to his being 
 *' called so unanimously into the chair," he says : — " It is well known, 
 I believe, to many in this house, that I was so far from ambitious ex- 
 pectations of this kind, that if a social principle of regard to the in- 
 terests of my brethren, and to the interests of religion, which I reck- 
 oned connected with them, had not overruled a favourite scheme I had 
 formed of retirement and disengagement, I would hare deprived my- 
 self of the opportunity of receiving this honour from you." The re- 
 ference here, and in what follows, is to the " Augmentation Scheme," 
 (in the promotion of which he bore a prominent part. ) " To express 
 iny own sentiments honestly upon this subject, so as to give no occa- 
 sion of dissatisfaction to any, is far beyond any skill I can command. 
 The place wherein I now stand might well authorise me in a humble 
 and modest manner to justify the proceedings of the Assembly upon 
 this afTair. But as this might be reckoned an improper season for it, 
 it is to be hoped they may be able to justify themselves to the un- 
 prejudiced and disinterested. * * * Sorry, indeed, are we, — 
 heartily sorry, that some very honourable members of this Assembly, 
 of the highest character, of the greatest influence, to whom we lie 
 under the greatest obligations of gratitude in times past for the fa- 
 vours they have done this Church, and from whose favour and influ- 
 ence we still expect many good things in time coming — sorry we 
 are, I say, that they should have expressed their dissatisfaction with 
 some of our proceedings upon this head." (See p. 167.) With re- 
 spect to disputed settlements, and the necessary subordination of ju- 
 dicatories, he says ; — " What so nearly affects the very being and con- 
 stitution of our Church can never tamely or weakly be given up to 
 gratify the reluetancy of some Presbyteries, or the untractable humour 
 of some particular parishes." Mr Paton died in April 1768, aged 78. 
 
 1751. Mr. James Mackie. — He was minister of Forteviot in 
 Perthshire, whence he was translated about the year 1735 to St. 
 Ninians, but not without opposition, which was the more easily stir- 
 red up against him, because he had been one of the" warm managers" 
 against Ebenezer Erskine, when censured for the famous sermon be- 
 fore the Synod of Perth and Stirling in October 1732. The Pres- 
 bytery of Stirling rejected Mr. Mackie's call, and refused to admit him ; 
 and when a committee of the Assembly's Commission met to induct 
 him, they absolutely refused to give him their presence or countenance; 
 only three of their number attended that "clandestine meeting."* 
 
 * See the Testimony and Contendings of the Rev. Mr. Alexander Hamil- 
 ton (of Stirling,) against the violent settlement of Mr. James Mackie : with 
 a Preface by Ebenezer Eiskine ; as quoted in Fraser's Life of Erskine, p. 
 338, 402. 
 
326 APPENDIX. 
 
 Yet Mr Mackie was a decidedly evangelical minister ; and frequent 
 mention is made of him in " Robe^s Monthly History," in connection 
 with the revivals of religion which followed that of Cambuslang in va- 
 rious parts of Stirlingshire. He was brought forward for the Mo- 
 deratorship as an Advocate of the Augmentation Scheme, (see p. 
 190), and carried it against Principal Wishart by a majority of 14. 
 
 He said in his concluding address : — *' I am very sensible of my 
 unfitness in every respect for the discharge of the important trust you 
 committed to me."' He refers to the death of the Prince of Wales 
 (see p. 190) ; then to the importance of the ministerial work, which 
 he says is " worthy of our rational nature, is worthy of angels." He 
 concludes with an address to the elders on the opportunities they have 
 for usefulness, and on their consequent responsibility. His text in 
 1752, was 1 Tim. iv. 16. 
 
 1752. Mr. Patrick Cuming. — See above, under the year 1749. 
 
 III. — Notices of the Office-Bearers of the Assembly. 
 
 1. The Trocurator for the Church. — From the year 1731 to 1746, 
 the offices, both of Procurator and Principal Clerk were held by Mr. 
 William Grant, Advocate, afterwards Lord Prestongrange. He was 
 the second son of Sir Francis Grant of Cullen, a Lord of Session. 
 He passed as advocate the 24th February, 1722 ; and on the death of 
 John Dundas of Philpston, (author of the " Abridgement of the Acts 
 of Assembly" 1638 — 1720,) was elected Procurator for the Church 
 and Principal Clerk of Assembly, the 13th May, 1731. The circum- 
 stance of his father and he having always taken a deep interest in 
 church-affairs, and having both written on the subject of patronage, 
 no doubt, contributed to his appointment. In 1737, he became So- 
 licitor-General for Scotland, when the Assembly " being resolved to 
 confer a mark of their favour and regard for him, enacted (May 24,) 
 that it should be lawful for him, as often as he should be necessarily 
 absent, to appoint any other person to officiate for him as clerk" upon 
 certain expressed conditions. In 1738, he was named by patent, 
 (dated 28th August,) one of the Commissioners for improving the 
 fisheries and manufactures of Scotland. On the downfall of Wal- 
 pole's ministry in 1742, he was supplanted in the office of Solicitor- 
 General by the younger Dundas of Arniston ; but, upon the 26th 
 February, 1746, (on the elevation of Craigie of Glendoick to the 
 bench,) he was created Lord Advocate of Scotland, when he resign- 
 ed, though with evident reluctance, the offices beheld of the Church. 
 In 1747, he was elected M.P. for the Elgin district of burghs. On 
 the death of Patrick Grant, Lord Elchies, in 1754, he succeeded him, 
 both in the Courts of Session and Justiciary, under the title of Lord 
 Prestongrange. In 1755, he was appointed one of the Trustees for the 
 Annexed Estates. His character has thus been delineated by Lord 
 Woodhouselee,l\n his Life of Lord Karnes : — " Of a character very 
 different [from that of Lord Elchies] in respect of temper, and of 
 abilities, if not so profoundly scientific, yet more various, and more 
 extensively useful, was his namesake, and successor on the bench, 
 William Grant of Prestongrange. There was in him a rectitude of 
 moral feeling, and a principle of virtuous integrity, which regulated 
 the whole of his conduct j and these, accompanied with a candour of 
 
NOTICES OF THE OFFICE-BEARERS. 327 
 
 judgment, a liberality of sentiment, and a winning gentleness of man- 
 ners, r/hich were the pure offspring of a warm and benevolent heart. 
 These qualities shone conspicuously in his discharge of the oflSce of 
 King's Advocate, which he held for six years, soon after the Rebel- 
 lion 1745-6. In that situation, his conduct, in the adjustment of the 
 claims on the forfeited estates, merited universal approbation. It was 
 regulated by a principle of equity, tempering the strictness of the 
 law ; and indicated a mind superior to all the illiberal prejudices that 
 are the offspring of party-spirit. In the prosecution of criminals, if 
 at any time he allowed his passions to influence his conduct, it was 
 ever on the side of mercy and humanity. His eloquence was clear, 
 correct, and copious, and seemed to be the result of his natural feel- 
 ings, and the fruit of his own persuasion of what was just and right. 
 The promotion of this excellent man to a seat in both the Supreme 
 Courts was attended with the universal approbation of the public ; 
 for his talents equally commanded the respect, and his virtues the 
 esteem of his fellow-citizens."* 
 
 Lord Prestongrange died on the 23d May, 1764, at Bath, whither 
 he had gone for the benefit of the waters. His body was brought to 
 Scotland, and buried in the family aisle in Prestonpans Church, June 
 7. His Lordship left issue three daughters, viz., Janet, married in 
 1748, to John Carmichael of Castlecraig, cousin of the Earl of Hynd- 
 ford, and who, in 1767, succeeded to the Earldom (see p. 296;) 
 Agnes, married in 1757, to Sir George Suttie of Balgonie, Bart. ; 
 and Jane, married in 1756, to Robert Dundas, younger of Arniston, 
 then Lord Advocate, and afterwards Lord President. His only son 
 William, died in London of fever in his 12th year, on the 18th March, 
 1756. 
 
 When Mr. Grant was appointed King's Advocate in 1746, he ex- 
 pected the Assembly would still allow him to retain the offices of 
 Procurator and Clerk, but by a great majority, they found that these 
 offices were now at their disposal, (see p. 84.) They also resolved 
 that as the offices were distinct, they would confer them upon differ- 
 ent persons. The candidates for the Procuratorship were Messrs. 
 James Erskine, junior, son of Charles Erskine, Lord Tinwald, and 
 David Dalrymple, son of Hew Dalrymple, Lord Drummore ; the 
 latter was elected, (see p. 85.) 
 
 Lord Drummore, Mr. Dalrymple's father, was for many years a 
 regular and most active member of Assembly,f and generally took 
 
 * " Lord Prestongrange was a man of general reading, and a correct and 
 able writer. He was author of one of the best political pamphlets that 
 appeared on occasion of the Rebellion 1745-6. It is entitled, The Occa- 
 sional Writer : being an Aiiswer to the Second Manifesto of the Preten- 
 der's eldest Son : containing Reflections, Political and Historical, upon 
 the last Revolution and the Progress of the present Rebellion in Scotland. 
 London, 1746. The arguments contained in this pamphlet are dictated by 
 good sense and sound political wisdom; and are urged in a strain of such 
 temperance and moderation, as to conciliate the favour even of those whose 
 party prejudices were most strongly in opposition to the doctrines it incul- 
 cates." 
 
 f So, indeed, were several of the most eminent judges, who flourished 
 during the period embraced by the present volume ; such as Forbes of Cul- 
 
 2e2 
 
328 APPENDIX. 
 
 part with the puptdar side of the Church. He was the second son of 
 Sir Hew Dalrymple of North Berwick, and consequently grandson of 
 the great "Viscount Stair. He was born on the 30th Nov., 1690 ; 
 was admitted advocate in 1710; became a Lord of Session in 1726, 
 and of Justiciary in 1745, and died on the 18th June, 1755, aged 65. 
 Lord Woodhouselee says of him,* that he "inherited the talents and 
 genius of his forefathers. He was an acute and sound lawyer ; and 
 possessed a ready, distinct and forcible, though not a polished elocu- 
 tion. He had a great command of wit and humour, which equally 
 enlivened his conversation, and gave interest and spirit to his public 
 harangues; but these qualities were tempered with such sweetness 
 of disposition, that he never employed them to wound or to mortify 
 his antagonist. The great urbanity of his manners, and a keen re- 
 lish of social enjoyments, endeared him to his friends; and his emi- 
 nent worth and probity, together with a high feeling of honour, and 
 a noble and ingenuous boldness of countenance and deportment, gave 
 uncommon force and authority to all his arguments and opinions." 
 
 Of his son Mr. David Dalrymple, we possess fewer memorials. 
 He is sometimes confounded with his co-femporary and namesake Sir 
 David Dalrymple, Lord HAiLESjf who was likewise a great-grandson 
 of Lord Stair. He was born in the year 1719; passed as advocate 
 the 8th of January, 1743, and was consequently of only three years 
 standing when elected Procurator. Being appointed receiver of the 
 Church's public money (see p. 86,) he produced as cautioners, his 
 father Lord Drummore, Hamilton of Dalziel, and George Brown, 
 Advocate, afterwards Lord Coalston. In 1748, he was appointed 
 Sheriff- Depute of Aberdeenshire. On the death of James Ferguson, 
 Lord Pitfour, he was raised to the bench by the title of Lord 
 Westhall on the 1st July, 1777 ; being succeeded in the office of 
 Procurator, (which he held for more than thirty years) by William 
 Robertson, Esq., son of the Principal. The Assembly of 1778, " un- 
 
 loden, Craigie of Glendoick, Dundas of Arniston, (father and son,) Erskine 
 of Tinwald, Elliott of Minto, Boyle of Shewalton, Macdowall of Bankton, 
 &c. Even when they were not members of Assembly, the names of some 
 ef thera were occasionally added to the list of the Commission by way of 
 compliment. Short sketches of their lives will be found in " Brn?iton and 
 Haig's Historical Account of the Senators of the College of Justice from 
 1532 to 1832 ; and a delineation of the characters of some of them in 
 Woodhouselee's Life of Lord Kames. Of James Erskine of Grange, a man 
 who concealed the most grasping ambition and unamiable temper under the 
 cloak of a high religious profession, a too flattering notice has recently been 
 given in the Christian Instructor, (February 1838, p. 65). As the name 
 of the Lord President Dundas frequently occurs in the Assembly proceed- 
 ings of last century, it may be convenient to state, that there were two 
 Presidents of that name. The Jirst was born in 1685, became President in 
 1748, and died in 1753 ; the second was born in 1713, became President in 
 1760, and died in 1787. 
 
 ♦ Life of Lord Kames, Vol. L, p. 36. Compare his quotation from Dr. 
 Carlyle's MS. Mem irs in the Supplement, p. 6. See also an Extract 
 from the Funeral Sermon preached at Lord Drummore's Death, in the 
 Scots Magazine for 1755, p. 291. 
 
 f Thus, in the recent pleadings in the Auchterarder Case, some of the 
 counsel speak of Lord Hailes as having been once Procurator of the Churcb.j 
 which he never was. 
 
NOTICES OF THE OFFICE-BEARERS. 329 
 
 animously agreed to return thanks to his Lordship for the fidelity 
 and great attention which he had paid to the public business and af- 
 fairs of the Church committed to him," and a committee was ap- 
 pointd to wait upon his Lordship for that purpose. Lord Westhall 
 died on the 26th April, 1784, in his 65th year, the same age at which 
 his father had died. 
 
 2. The Principal Clerk of Assembly. — Mr William Grant, advo- 
 cate, held this appointment along with the Procuratorship, but upon 
 his resignation in 1746, the offices were disjoined. The candidates 
 for the clerkship were Messrs George Wishart, Edinburgh, and Robt. 
 Paton, Renfrew; the former was chosen (see p. 86.) 
 
 Some account of Mr. Wishart will be found in the above No- 
 tices of the Moderators, under the year 1748. Mr Robert Hamilton 
 of Edinburgh, (afterwards Professor of Divinity,) acted for him as 
 clerk, while he was in the Moderator's Chair ; but the Assembly 
 took care to enter upon the minutes, that " by the power they had 
 given him of deputing a clerk, it was not to be understood that he or 
 any future clerk was to have such power without the previous allow- 
 ance of the Assembly, and their approbation of the person deputed." 
 Dr. George Wishart acted as Principal Clerk of Assembly for the 
 period of thirty-two years with general approbation. The only ex- 
 ception, so far as I am aware, occurred in the year 1771, when in 
 reckoning up the votes in the keenly contested St. Ninian's cause, 
 he declared the question to be carried in favour of the presentee by a 
 majority of two, whereas several members affirmed the majority to be 
 the other way. Dr. Macqueen of Edinburgh, and Mr. Freebairn 
 of Dumbarton, entered a protest on the subject, in which, however, 
 they admitted that " the fidelity of the clerk of the court was alto- 
 gether irreproachable." The Assembly appointed a Committee to 
 answer this protest, who also bore testimony to the " inviolable faith 
 and irreproachable character of the Clerk." The matter gave rise 
 to some rather sharp correspondence betwixt Messrs. Wishart and 
 Freebairn, in the columns of the Scots Magazine (1771, p. 363, 478.) 
 
 Dr. Wishart continued to discharge the duties of clerk till the 
 year 1778, when he succeeded in getting Dr. John Drysdale, his col- 
 league in the Tron Church, to be conjoined with him in the office. 
 The arrangement seems to have been brought about by Principal 
 Robertson, and not without a little management. Dr. Wishart wait- 
 ed till the second Thursday of the Assembly, when he gave in the 
 following representation and proposal, viz. " That he has had the 
 honour to serve the Church as their clerk these thirty-two years : that 
 now he finds certain infirmities of age* coming upon him, which 
 makes him unable to perform the business of his office to that advan- 
 tage he would wish to do ; at the same time, that he still inclines, 
 while it pleases God to continue him in life, to be as useful to the 
 Church in that office as he can : — What he now begs leave to propose 
 to the General Assembly is, that he shall resign his office as Princi- 
 pal Clerk to the Church, into the hands of the General Assembly, to 
 the end that he and another may be elected conjunct in the said of- 
 fice of Principal Clerk, with the survivancy to be in the longest liver 
 
 * He was now in his seventy-sixth year. 
 2e3 
 
330 APPENDIX. 
 
 of the two." This proposal was ordered to lie on the table, to be 
 taken in next day before any other cause. 
 
 Next day, the Assembly took into consideration Dr. Wishart's pro- 
 posal. The House in general expressed the warmest regard for Dr. 
 Wishart : but his proposal was not approved of by all. It was al- 
 leged, That bringing a matter of so much consequence to a decision 
 at the end of an Assembly, was not doing justice to the Church at 
 large; that therefore it ought to be delayed till next Assembly, when 
 all concerned would have an opportunity of weighing the matter de- 
 liberately, and perhaps be enabled to point out some person more 
 eligible for the office, than the one proposed to be conjoined with 
 Dr. Wishart. It was even proposed, that the Doctor should with- 
 draw his motion, as being altogether nugatory ; because, as he held 
 the office only during pleasure, it was an absurdity to speak of a sur- 
 vivancy. On the other hand, it was contended. That the present 
 Assembly was the fullest which had been known for some years,* or 
 which perhaps might be for a long time to come ; consequently, this 
 was the properest season for bringing on a business of the present 
 importance; and, besides, the finishing of it just now, would be a 
 means of preventing a great deal of canvassing in the election, and 
 perhaps undue influence upon the members of next Assembly. With 
 regard to the other objection. Principal Robertson observed. That 
 had any other gentleman than the one they had so unanimously 
 made choice of, been elected Procuratorf , he would have made a 
 motion to leave out the words during pleasure in his Commission : 
 that his friends proposed to make such a motion before the election, 
 but he begged they would wave it, on account of circumstances, 
 which every one present was well acquainted with : That he did in- 
 tend to make such a motion upon the present occasion, which would 
 relieve Dr. Wishart's proposal from the absurdity it was supposed to 
 contain. The Principal then went into a history of the election of 
 former Procurators and Clerks. He showed, that before the election of 
 Lord Westhall and Dr. Wishart, the words drtring pleasure were 
 never made use of. The Commission to Lord Prestongrange, who 
 was their immediate predecessor, and who held both offices in his 
 own person, wanted these words. When his Lordship was appointed 
 his Majesty's Advocate, the Assembly thought it incompatible for 
 one person to hold the Procuratorship for the Church and that high 
 office at the same time. His Lordship was of a different opinion. 
 He struggled the point, and lost it by a vote of the Assembly; The 
 offices of Procurator and Clerk were then disjoined. Mr Dalryraple 
 was elected to the one, and Dr. Wishart to the other. The Assem- 
 bly, to prevent any future contest of such a nature as the former, 
 cautiously added to their Commissions the words during pleasure : 
 but that they were virtually meant to be during Z(/e, appeared evident, 
 from there never having been so much as an attempt to bring on a 
 new election. He gave many instances of the Agents and Sub- 
 Clerks enjoying their offices without those words being added to 
 their Commissions ; and those who held them at present were in the 
 same situation. He therefore proposed, that as there had been one 
 
 ♦ This was chiefly owing to the agitation of the Catholic Question, 
 f It was his own son, afterwards Lord Robertson. 
 
NOTICES OF THE OFFICE-BEARERS. 33l 
 
 motion made already, that motion, and the one which he was now to 
 make, should be put to the vote. The first motion was made by Mr. 
 James Lindsay of Kirkliston, and was as follows : — " That the Gen- 
 eral Assembly should wave the acceptance of Dr. Wishart's resig- 
 nation ; and, in the mean time, allow him to nominate an assistant 
 for himself, to officiate in the office till next General Assembly. " Prin- 
 cipal Robertson's motion was, " That the General Assembly should 
 jk;cept of Dr. Wishart's resignation ; and immediately proceed to re- 
 elect him, together with an Assistant and Conjunct Principal Clerk, 
 with the survivancy to be in the longer liver of the two ;" and named 
 Dr. John Drysdale, one of the ministers of Edinburgh, as a proper 
 person to be chosen Conjunct Clerk with Dr. Wishart. After some 
 short debate, with regard to the state of the vote, it was agreed the 
 words should be. Wave, or Accept ; and it carried Accept, 176 to 32. 
 Whereupon Dr. Wishart judicially resigned his office. Then " the 
 General Assembly did, and hereby do, accept of Dr. Wishart's re- 
 signation, and declared the said office vacant." Immediately after, 
 the Assembly proceeded to a new election ; and *' did unanimously 
 nominate, constitute, and appoint, the saids Dr- George Wishart and 
 Dr. John Drysdale to be Conjunct Principal Clerks to the General 
 Assembly, and Commissions thereof; and that they have equal right 
 to the stated salary and casual emoluments of said office, and that, 
 in case of sickness, necessary absence, or inability of either, that the 
 other be obliged to act during such sickness, necessary absence, or 
 inability ; and that the survivancy of said office of Principal Clerk 
 shall be in the longest liver of the two solely." Dr. Wishart survived 
 for seven years after this arrangement, — having, as before stated, 
 died in 1785. 
 
 3. Agent for the Church and Sub-Clerk of Assembly. — The person 
 who held tliese offices at the commencement of the period embraced 
 by the present volume was Mr. Nicol Spence, writer, with whom, in 
 1738, had been associated Mr. Robert Mackintosh. Mr. Spence died 
 in February, 1743; and in the Assembly of that year, a resolution 
 was moved by Mr. Gordon, minister of Alves, that " the offices were 
 vacant" by his death. This was opposed by Principal Wishart, who 
 maintained, that in terms of Mr. 3Iackintosh's election, (see p. 39,) 
 the offices were filled already, and that there could be no vacancy, un- 
 less on the supposition that every Assembly may choose new ser- 
 vants. It was decided, however, (though with manifest unfairness to 
 Mr. Mackintosh,) that there was a partial vacancy ; and " several 
 Reverend and Honourable Members present having declared that 
 John Baillie, writer to the Signet, was a person of fair character, 
 sufficient in his profession, and well-qualified for the said offices." (so 
 the record bears,) he was appointed to the " half of the offices," 
 which Mr Mackintosh had been compelled judicially to resign. Mr. 
 Baillie had assigned to him the agency for the Church, and Mr Mac- 
 kintosh, the Sub-Clerkship of Assembly, and Clerkship of the Royal 
 Bounty (see p. 40.) They do not, however, seem to \\&vq drawn 
 well together; for in the minutes of the very next Assembly, we find 
 the following rather unseemly statement ; — " The accounts of John 
 Baillie, Conjunct Agent for the Church being produced, and the 
 Committee's Report thereupon being read, the Assembly, observing 
 
332 APPENDIX. 
 
 some inaccuracy therein, and it being alleged by the said John Bail- 
 lie as a reason for his accounts not being so distinctly made up as 
 otherwise they would be, that he had not access to the Assembly 
 Records, — which allegation Robert Machintosh, who has the custody of 
 the Records refused to he fact, the Assembly, without farther enquiry 
 thereinto, order, that the said John Bailie have access to inspect the 
 Registers, and other papers belonging to his office so often as he has 
 occasion." Mr. Mackintosh died suddenly on the 4th January, 1753. 
 At the ensuing Assembly, a motion was made at the first seder- 
 unt, to inquire into the state of the offices of agent, sub-clerk, &c., 
 which by the death of Mr Robert Mackintosh devolved on Mr John 
 Baillie solely. The Act 1743 was read, by which the aforesaid of- 
 fices weie given to these two gentlemen jointly, with the survivance 
 to the longest liver solely. A motion was made to delay the affair 
 till an after diet. But the question being put, Commit or Delay ? 
 it carried Commit : and the affair was committed. On Saturday the 
 26th, this committee made their report, according to appointment. 
 With it a letter from Mr. Baillie was given in, proposing to have 
 Mr, James Edmonston, writer in Edinburgh, conjoined with him, 
 and promising to execute a proper resignation for that purpose. It 
 was moved to delay the consideration of the report till Tuesday the 
 29th : but upon the question put, Proceed or Delay ? it carried Pro- 
 ceed by a great majority : and the report was taken under considera- 
 tion. Mr. William Alston, writer in Edinburgh, was likewise a can- 
 didate : and it having been observed, that Mr. Baillie, by his letter, 
 engaged to resign only in favour of Mr. Edmonston, he signified his 
 willingness to resign in favour of whichever of the two candidates the 
 Assembly should think fit to conjoin with him. The question was 
 put, Accept of Mr. Baillie's proposal, as now explained, or Not? and 
 carried Accept by a great majority. From this resolution Professor 
 Cuming entered a dissent ; to which thirty-two ministers and five 
 ruling elders adhered. Then Mr. Baillie resigned into the hands of 
 the Assembly the offices aforesaid, to the end that he and one of the 
 two candidates should be elected. There was long reasoning previ- 
 ous to every question put in this affair ; but as the Assembly was 
 proceeding to determine which of the two candidates to appoint, one 
 of the Dissenters, for himself, and in name of all the rest, craved, 
 that it might be marked, that as they had dissented from the resolu- 
 tion accepting of Mr. Baillie's proposal, they were not to concern 
 themselves further in the matter. Then the Assembly, without a 
 division, " did, and hereby do, nominate, constitute, and appoint, the 
 said John Baillie and James Edmonston to be conjunct agents to 
 this Church, and sub-clerks to the General Assembly and Commis- 
 sions thereof, and clerks to the committee of the royal bounty ; and 
 that they have equal right to the stated salaries and casual emoluments 
 of the said offices. But the Assembly order and appoint, that the 
 exercise of the office of sub-clerk and clerk to the royal bounty, be in Mr. 
 Edmonston, and executed by him ; and that the exercise of the other 
 office, of agent for the Church, be executed by Mr. Baillie ; and that 
 it shall be in the power of the Assembly to appoint any one of them 
 to execute any part of these offices, from time to time, in such man- 
 ner as they shall direct ; and that in case of sickness, necessary ab- 
 sence, or inability, of either, that the other be obliged to act in all or 
 
NOTICES OF THE OFFICE-BEARERS. 333 
 
 anv of these offices, during such sickness, necessary absence, or in- 
 abflity and that the survfvancy of all the sa,d offices be m the long- 
 es iJe'r of the two solely." Messrs. Baillie and Edmonston accepted 
 of the offices, and IVlr. Edmonston took the oath defideh. ^^I- Bail- 
 He did not long survive, having died on the 9th J anuary 1754 m 
 his 65th year. Professor Cuming, who had opposed Mr. Edmon- 
 ton's election with extraordinary keenness, made ^n att^Xes but 
 \ssemblv 1754, to deprive him of the survivancy of the offices, but 
 w thout sucLst*. Up'on Mr. Edmonston's death in 1781, the offices 
 ^vere divided • Dr. William Gloag, one of the mmisters of Edmburgh, 
 : appointed Sub-Clerk, and Mr. George ^airncross wnter who 
 had acted for Mr. Edmonston for some years before his death,) be- 
 came Agent for the Church. 
 
 4. Collector of the Widows^ Fund.-Thh office ^^^es from the year 
 1744 Csee p. 63.) The candidates were Messrs. William Grant, 
 procurator,) Charles Hamilton Gordon, advocate, James Ste^-art, 
 ^4 loZy In Exchequer, George Balfour, W.S., and George Lockhart, 
 w Uir They all'withdrew except Messrs. Grant and Stewart when 
 the latter was elected. The salary was fixed at £lo5 ; but he was 
 bound to make effectual the payment of the rates, and take Uie r k of 
 deficiencies. He gave in a bond of cautionry by himself and sureties, 
 for £7000 Mr. Stewart continued to discharge the duties of the of- 
 fice either' in person or by deputy, till the year 1771 ;.but at the As- 
 sembl of that^year a question was raised in the following manner, as 
 to whether or not he could devolve his duties upon another :-- 
 
 "on Thursday, May 30, Mr Thomas Smith, minister at Cumnner- 
 trees represented to the Assembly, that having repaired to the offi e 
 of the collector of the fund for ministers' widows, in order to ha^ e paid 
 the annual rate due by himself, and also the annual rates due by some 
 of his brethren who had intrusted him with their money, he found no 
 ^ll^^tor there, and was offered a -ceipt. subscribed^^not by Mr Jame 
 Stewart, the collector appointed by the General ^f ^7.^^^' ^"^. ^^ nk 
 Rev. Dr. Robert Dick, as his deputy; that ^I-"- Stn'th d d not think 
 himself in tuto, to pay either his own money, or that of h'^ b^^thren, 
 upon such receipt; and therefore requested the direction of the As- 
 semblv in a matter of such general concern— Next day, IN^ay 31, a 
 Tt^'n was made. That a committee should be apposed tc>inqu;e 
 into the facts concerning the present state of the J^l';^ ° ^ ^^^^^^^^^^ 
 and the deputation said to be given by him, and all other facts relative 
 to the affli^r After long rearoning, the following state of a vote wa 
 a.reedfo. Dismiss this° affair, or, Not ; it ^^]-^ -^^''^'^^'l^'J, 
 should carry Not, members would be at liberty to make any mot on 
 upon the subject that they might think proper ? It carried Not 120 
 "o 95. Then the motion just recited, being renewed ^^^ «g^^ ^ 
 to; and the following members were ^PP^-^^^^;,;;^ "^ j^^^^^ 
 to meet in the evening, and report next day, v^. the Mode ator, vr. 
 Alexander Carlyle, Principal Robertson, Dr. Daniel Macqueen Mr. 
 William PorteJus, Dr. John Kerr, Mr John Freebairn a^d Mr^ 
 Adam Ferguson, ministers ; Messrs. Solicitor D^n'^^^^j^Z 
 Crosbie, Wflliam Alexander, Alex ander Fergu son^ John Maclaunn, 
 
 * See the " Notice of Dr. Cuming," at p. 322. 
 
334 APPENDIX. 
 
 John Home, and Alexander Belsches, ruling elders. The report 
 was given in on the Saturday, and read. Then an overture was pro- 
 posed by one member, and a second by another member ; and both 
 were read. Then the appointment of Mr. Stewart as collector for the 
 Assembly 1744, and the bond of cautionry by him and sureties, 
 were both read. — Thereafter Mr. James Lindsay, minister at Kirk- 
 liston, appeared at the bar, and desired to know, as this was an affair 
 in which he and every minister of the Church of Scotland were con- 
 cerned, whether it was not competent for him and others to be heard 
 upon it at the bar of the Assembly by themselves or counsel, before 
 the Assembly should determine in it; and Mr. Robert Turnbull, 
 minister at Sprouston, desired to be conjoined with Mr. Lindsay in 
 this claim : and a question being proposed. Hear Mr. Lindsay upon 
 his present mode of application, or. Not ? it carried Not, 93 to 86. 
 Therefore the Assembly refused to hear Mr. Lindsay. Against 
 which resolution Mr. Lindsay protested. Mr. Crosbie also protested, 
 for himself, and in name of all those who should adhere to him, against 
 the above resolution : to which protestation adhered Messrs. Alexan- 
 der Belsches and John Scott, advocates. — Mr. Alexander Wight, 
 advocate, appeared at the bar, and craved to be heard in behalf of Mr. 
 Stewart the collector, before the question. Transmit the first or se- 
 cond overture ? should be put. To this the Assembly agreed, and 
 Mr. Wight was heard. — The Assembly, after long reasoning, agreed 
 to the following state of a vote, Transmit the first or second overture 
 to the trustees for the widows' fund ? Mr. John Dun, minister at 
 Auchinleck, insisted. That all the voters for the first overture should 
 have their votes marked at their names on the roll ; which the As- 
 sembly having refused to comply with, Mr. Dun protested against 
 the refusal. Then the votes being asked, it carried, Transmit the 
 first overture,* 96 to 85. " Therefore the General Assembly, in con- 
 sideration of the present incapacity of the collector of the widows' 
 fund, and that the collector has no general power of deputation, or- 
 dain their clerk to transmit the report of the committee to the preses 
 of the trustees for managing the widows' fund, and recommend to 
 them to meet on Monday morning next at nine o'clock, and take the 
 proper steps for having the oflSce of collector properly executed, and 
 report their procedure at the meeting of the Assembly on Monday." 
 This resolution was intimated to Mr. Henry Hunter, preses of the 
 then last meeting of the trustees. Against which resolution Mr. 
 Andrew Crosbie entered his dissent ; to which Mr. Alexander 
 Belsches, advocate, and others adhered — Next diet, Mond.iy, June 
 3, Mr. Dun gave in his Reasons of Protest, and Mr. Crosbie gave in 
 his Reasons of Dissent ; both were read, and ordered to be kept in 
 
 * The second overture was in these words, viz, " The General Assembly 
 having considered the report of the committee appointed to inquire, Stc. ; 
 in respect it appears to them, that the collector is incapable at present to 
 execute this office in person, and doubts having arisen how far he may exe- 
 cute that office in its several parts by a deputy, therefore they ordain their 
 clerk to transmit the report of their committee to the preses of the trustees 
 of the widows' fund, recommend to hira to call a meeting of the trustees 
 against Monday morning at nine o'clock, to take the steps proper on this 
 occasion, and to report their procedure to the meeting of the Assembly on 
 Monday. " 
 
PREACHERS BEFORE THE COMMISSIONER. 335 
 
 retentis. — The report of the trustees of the widows' fund being called 
 for on the 3d of June, the last diet of the Assembly, Mr. Hunter, 
 their preses, reported, that they found themselves no legal meeting. 
 Whereupon the Assembly agreed to take no further steps in the mat- 
 ter." 
 
 Mr. Stewart did not long survive this discussion, having died on the 
 22d June, 1771, being then the oldest attorney in the Court of Ex- 
 chequer. He was succeeded in the Collectorship of the Widows' 
 Fund by Dr. Alexander Webster, who had been one of its originators, 
 and its most active promoter. 
 
 5. Printer to the Church, — During the period included in the pre- 
 sent volume, the Printers to the Church were James Davidson, and 
 Bobert Fleming. The former died on the 6th July, 1764, when 
 Fleming became sole printer. He died on the 8th July, 1770. They 
 printed 500 copies of the yearly Acts of Assembly, but disposed of 
 scarcely half of that number. 
 
 IV List of Ministers who Preached before the High 
 
 Commissioner. 
 
 1739. Andrew Shaw, St. Madoes. 
 Frederick Carmichael,* Monimail. 
 James Stevenson, South Leith. 
 William Craig.f Glasgow. 
 
 1740. Thomas Donaldson, LifF. 
 
 James Naismyth, Dalmeny, (see p. 308.) 
 James Yair, Campvere, (Holland.) 
 James Malcolm, Ewes. 
 
 1741. James Glen, Dirleton. 
 George Preston, Markinch. 
 John Stewart, Tealing. 
 
 John Adams, Dalrymple, (see p. 308). 
 
 1742. Frederick Carmichael, | Inveresk. 
 David Marshall, Kirkaldy. 
 
 James Witherspoon, Yester, (Dr. Witherspoon's father.) 
 Robert Blair, || Athelestaneford. 
 
 1743. George Wishart, Edinburgh, (seep. 316.) 
 
 * The same person who was afterwards at Inveresk, and ultimately became 
 one of the ministers of Edinburgh. He was born at Monimail in 1708, 
 and died at Edinburgh on the 17th October, 1751. He seems to have ac- 
 quired much reputation as a preacher. In 1757 appeared a posthumous 
 
 volume of his sermons, which Watt characterizes as " of great merit." See 
 
 in this list under 1742 and 1743. 
 
 t Minister of St. Andrew's Church, and father of Lord Craig, an eminent 
 judge. He was the author of "An Essay on the Life of Jesus Christ," and 
 of a volume of Discourses, of which a second edition appeared in 1808, in 2 
 vols., with a Memoir. 
 
 I " Mr. Carmichael preached a most excellent sermon before his Grace, 
 who, with his whole court, was in deep mourning, on account of the Era- 
 press Dowager AweUi."— Caledonian Mercury. 
 
 II The author of "the Grave," and father of the Lord President, Blair 
 of Avonton. Born, 1699; died, 1747. — Having been unable to preach on 
 this occasion, " by reason of indisposition," Professor Lumisden of Aberdeen 
 officiated in his room. 
 
336 APPENDIX. 
 
 Robert Walker,* Straiten. 
 Alexander Webster, Edinburgh. 
 Gershom Carmichael,f Monimail. 
 
 1744. James Stevenson, South Leith. 
 John Scott, Dumfries. 
 Alexander Macbean, Inverness. 
 Daniel I\I'Queen,| Stirling. 
 
 1745. INlurdoch jMackenzie, Inverness. 
 Archibald Blair, Garvat. 
 David Moubray, Currie. 
 Edward Buncle, Kirkmahoe. 
 
 1746. Robert Patoun, Renfrew, (see p. 324.) 
 Hugh Blair, Canongate, (see p. 83.) 
 John Irvine, Sanquhar. 
 
 James Mackie, St. Ninians, (see p. 3*25) 
 
 1747. David Black, Perth. 
 George Preston, Markinch. 
 
 John Erskine, Kirkintilloch, (afterwards of Edinburgh.) 
 Gershom Carraichael, Monimail. 
 
 1748. John Warden, Perth. 
 
 John Erskine, Kirkintilloch. 
 William Aitken,[| South Leith. 
 James Yair, Campvere, (Holland.) 
 
 1749. William Jameson, § Rerick. 
 
 James Oswald, Dunnet, (see p. 185.) 
 
 Professor Leechman, Glasgow. 
 
 George Bannatyne, Craigie, (afterwards of Glasgow.) 
 
 1750. William Craig, Glasgow. 
 William Thom, Govan. 
 
 James Lindsay, Dumbarnie, (formerly of Lauder.) 
 David Plenderleath, Dalkeith. 
 
 1751. Robert Walker, South Leith. 
 Robert Dick, Lanark, (see p. 179.) 
 Hugh Blair, Canongate. 
 
 John Witherspoon,^ Beith. 
 
 1752. James Allan, Eyemouth. 
 Patrick Bannerman, Kinnoull. 
 Thomas Mutter, Leswalt. 
 John Hyndman, West Kirk. 
 
 * He was the son of the Rev. JMr. Walker, Canongate, and was born 
 in 1716. He was ordained at Straiten in 1738. was translated to South 
 Leith in 1746, and in 1754 became the colleague of Blair in the High Church, 
 Edinburgh. He died on the 4th April, 17S3. His Sermons are much es- 
 teemed. 
 
 f He afterwards became one of the ministers of Dundee, and was a con- 
 nection of Mr. Frederick Carmichael, bis predecessor at IMonimail (see above 
 under 1739), as well as of Professor Gershom Ciirnichael of Glasgow, who 
 acquii'ed great reputation as a successful teacher. 
 
 ^ Formerly of Dalziel, and afterwards of, Edinburgh — the author of very 
 able "Letters on Hume's History rf England." 
 
 (I Formerly of Larbert ; he died 4th Sept. 1766. 
 
 § The author of a curious but absurd '* Essay on Virtue and Harmony," 
 which appeared in 1751. 
 
 ^ Afterwards of the Laigh Kirk, Paisley; and then President of Prince- 
 town College, America. Born at Yester, 1722; died, 1794, 
 
SOCIETY FOR PROPAGATING CHRISTIAN KNOWLEDGE. 337 
 
 V. — List of Ministers who Preached before the Societt for 
 Profagating Christian Knowledge, — with a Notice of its 
 Proceedings. 
 
 The Sermons marked with an Asterisk were never published, 
 
 * 1739 — Rev. James Walker, Canongate.f 
 
 * 1740 Rev, William Gusthart, Edinburgh.^ 
 
 1741. Jan, 12 — Supernatural Revelation the only Sure Hope of 
 
 Sinners. Eph. ii. 12. — By Rev. Mr. Webster, one of 
 the Ministers of Edinburgh. 
 
 1742. Jan. 4. — The Case of Offences against Christianity considered. 
 
 Matt, xviii. 7. — By Rev. George Wishart, M.A., one of 
 the Ministers of Edinburgh (see p. 316). 
 
 * 1743.— Principal Wishart (see p. 309). 
 
 ■* 1744. — Rev. George Fordyce, at Corstorphine. 
 
 * 1745. — Rev. John Hepburn, Edinburgh (see p. 315). 
 
 1745-6. Jan. 6. — Ignorance and Superstition a Source of Violence 
 and Cruelty; and, in particular, the Cause of the present 
 Rebellion. Psal. Ixxiv. 20. — By Rev. Robert W^allace, 
 one of the Ministers of Edinburgh (see p. 300). 
 
 * 1747 Rev. William Aiiken, Leith. 
 
 1748. Jan. 4 — A Sermon on Matt, vi. 10 By Rev. Robt. Walker, 
 
 one of the Ministers of South Leith. 
 
 * 1749. — Rev. James Stevenson, South Leith. 
 
 1750. Jan. 1 — The Importance of Religious Knowledge to the Hap- 
 
 piness of Mankind. Isaiah xi. 9 — By Rev. Hugh Blair, 
 A. M., one of the Ministers of Canongate. 
 
 1751. Jan. 7 On Christian Zeal. Gal. iv. 18— By the late Rev. 
 
 Mr. Frederick Carmichael, one of the Ministers of Edin- 
 burgh§. 
 
 1752. Jan. 6. — The Nature and Necessity of a Religious Education. 
 
 Eph. vi. 4 By Rev. John' Bonar, A.M., Minister of 
 
 the Gospel at Cockpen (afterwards at Perth). 
 
 f He died March 3, 1751, in the 73(1 year of his aafe, and the 51st of bis 
 ministry. He is not to be confuiiaded with Mr. John Walker, who was 
 also one of the ministers of the Canongate, and to whom this Society lay 
 under peculiar obligations. He died on the 13th Nov., I74I. The follow- 
 ing character of him appeared in the Edinburgh Evening Courant of 
 Monday, Nov. 16: — "Died, Mr. John Walker, one of the ministers of 
 Canongate, a very eminent and learned divine, aged 61. He was in the 31st 
 year of his ministry, which he filled with unwearied diligence, unwearied 
 application, and great success. He was a laborious student, a gentleman of 
 great temper and uncommon penetration, an accurate and edifying preacher. 
 His knowledge in cburch-affairs is scarce to be equalled ; and his distin- 
 guishing services towards the Society for Propagating Christian Know- 
 ledge, particularly in the most critical and difficult juncture, are well known, 
 and will not soon be forgotten. Few lives were more valuable, and scarce 
 any one died more lamented." 
 
 \ He was Webster's colleague in the Tolbooth Church, and had been 
 formeily minister of Crailing. Being one of the Non-jurors, he was, about 
 the year 17J8, sent by them to London, with an address to King George- 
 He became a Dean of the Chapel Royal, and died in 1765. 
 
 § Mr. Carmichael died before the publication of his Sermon. 
 
 2 F 
 
338 APPENDIX. 
 
 The following are a few notices of the state and progress of this 
 Society at different periods, between 1738 and 1752 : — 
 
 1739. — " At a General Anniversary Meeting of the Society for 
 Propagating Christian Knowledge, the Most Hon. the Marquis of 
 Lothian was unanimously re-elected President ; Mr. Willianti Grant, 
 Secretary ; James Davidson, Treasurer ; James Nimmo, Comptroller ; 
 David Spence, Accomptant ; Nicol Spence, Clerk. And, as a Com- 
 mittee of Directors, Commissioner George Druramond, Mr. Patrick 
 Haldane, Mr. William Hall, Mr. Albert Monro, Thomas Dundas, 
 Charles Hope, William Hogg, Dr. John Riddel, Alexander Nisbet, 
 George Cuningham, James Baillie, IMessrs. James and John Walkers 
 and John Hepburn, and James Donaldson, junior. 
 
 " This Society was erected into a corporation by letters patent in 
 the year 1709, and maintains 1 13 schools, at which there are about 
 4000 scholars, besides vast numbers who have been learned to read, 
 and are now employed in business. They have sent four Missionaries 
 to America." 
 
 1741 "The Society for Propagating Christian Knowledge have 
 
 now in the Highlands of Scotland 131 charity-schools, at which up- 
 wards of 5000 scholars are educated. They have three Missionaries in 
 New-England, and one in Georgia, and have very satisfying accounts 
 of the success of this last. They have engaged to send two Mission- 
 aries to the banks of the river Susquhana, on ihe borders of Philadel- 
 phia, and one to North-Carolina, for the benefit of a colony from 
 Argyleshire, who are settled 100 miles up a navigable river, and bor- 
 der on the Indian natives The Society's project* for educating poor 
 
 children in manufactures, &c., at the same time that they are taught 
 reading, &c., is going forward, and the donations made for that pur- 
 pose are to be applied accordingly." 
 
 1747. — " The progress made in spreading the gospel among the in- 
 fidel Indian natives, living on the borders of the provinces of New- 
 York, New-Jersey, and Pensylvania, by means of the missionary 
 ministers employed there by the Society in Scotland for Propagat- 
 ing Christian Knowledge, has been so remarkable, as appears by 
 their journals lately printed in Philadelphia, that it is with great 
 pleasure the society inform the public of the promising prospect 
 they have of promoting the knowledge of Christianity in those dark 
 corners of the world, being enabled partly to maintain those mis- 
 sionaries by a donation several years ago made by the Rev. Dr. 
 Daniel Williams, deceased. And as a worthy member of the society 
 did lately pay into the treasurer's hands, as the donation of a person 
 who desires not to be known, ^GIOOO Scots, the stock to remain untouch- 
 ed, and the ijiterest to he applied for supporting the missionaries sent to 
 ])reach the gospel in foreign parts ; the society take this opportunity of 
 returning their sincere thanks to the nameless donor, assuring the 
 
 * In 1738, the Society "considering the deplorable situation of the re- 
 mote Highlands in respect to industry, resolved to apply to the Crown for 
 au enlargement of their powers, hy winch they might be enabled to erect 
 schools for the instruction of children, and especially female children, in some 
 of the necessary and useful arts of life." — In 1741, there was published " a 
 Gaelic and English Vocabulary for the use of the Charity-Schools in the 
 Highlands," by Mr. Alex. Macdonald. 
 
SOCIETY FOR PROPAGATING CHRISTIAN KNOWLEDGE. 'M9 
 person that the money shall be applied in exact conformity to the 
 ui lof the benefactor. Our society is extremely obhged to many 
 we l-disposed persons in England, who have from t.me to t.me g.ven 
 us lar-e contributions ; and we in particular acknowledge the rece.pt 
 u £200 Sterling lately paid in to our cashier's hands at London from 
 a 1 unknown donor, besides some smaller donations received there 
 "nce"from persons unknown, amounting to £30, for which the socae- 
 y ana their correspondents at London have returned thanks to those 
 benefactors, either by advertisements in the English newspapers or 
 bv letters to the gentlemen by whose hands the money was paid n. 
 
 '1750 _-" The Society for Propagating Christian Knowledge, in a 
 state of their affairs, subjoined to the anniversary sermon preached 
 betre them, Jan. 6, by Mr. John Bonar, ---^-.^\^ock^pen take 
 notice, that at present they educate at their schools in the Highlands 
 and Is ands of Scotland near 8000 children ;-thal their endeavours 
 to carry on the design of their second charter, for instructing the 
 children in agriculture, housewifery, manufactures, &c., have been 
 att nded with^ a degree of success in this country ;-that it was with 
 pleasure they found the last General Assembly taking measures for 
 havino- the King's bounty of £1000 sterling, hencetorth employed in 
 ere^tin. new parishes in the Highlands, which could not have been 
 onveniently done at first, but would now bethe best method of em- 
 ploying that royal donation ;-that their Indian mission has been at- 
 tended with some success, though they ^^P-^ ^^r ^ nTThTj 
 that when it appears something to purpose iii.ght be done, they 
 should be able to'do so little; that the difficulties of the undertaking 
 are creat,-- The Indians (say they) have not the knowledge of God ; 
 the/have no mode of worship ; they are scattered over the continent 
 n small tribes ; each tribe has a different language; they are strangers 
 to Agriculture hunting is their chief employment ; they follow their 
 lame to a great distance from the ordinary place of their abode ; 
 when at home, a whole tribe is not collected into one town, nor with in 
 r small compass of ground, but each little town has its own inhabi- 
 tants; these towns are for the most part many miles distant from 
 each other, and the nearest of them some hundred nniles from tne 
 American shore ;-from this view, then, is it not rather a wonder, 
 th^tthe missionaries have done any thing, than that they have 
 not done more ?"— that these circumstances render other measures, 
 besides the mere sending of missionaries, necessary, ^h'^^i ought 
 to excite charitable and well-disposed people to turn their thoughts 
 that way, and lend a helping hand to advance the kingdom of 
 their Redeemer; that if the governors of provinces would, in 
 their speeches to the Indian kings, recommend the missionaries, 
 this would procure them good treatment in the Indian couritries ; 
 -that by th'l journal of Mr. Azariah Horton, one of the mission- 
 aries, which begins October 13, 1749, and ends May 4, 1750, a 
 appears, that in that time he had baptized several adults and children, 
 that a school was kept at Mountack and Shimcock, that about sixty 
 children and young people attended it, and that the means of grace 
 have in some instances been blessed to the quickening and consola- 
 tion of some of those poor people ;-and that by the J^-J^jl f J^^; 
 John Brainard, another of their missionaries, it appears, .t^at trom 
 the beginning of November, 1749, he preached, and administered the 
 
340 APPENDIX. 
 
 ordinances, among the Indians settled at Bethel in New-Jersey; that 
 in the beginning of May, 1750, he set out on a journey to preach to 
 the Indians on Susquhannah river, above a hundred miles up the 
 country ; but that here, besides the obstacles common in this vpork, 
 a bar of a very extraordinary nature was thrown in the way ; for that 
 the Indians pretended to have just then received a revelation from 
 heaven, which, after having represented the evil of some particular 
 vices, and recommended the sacrificing of a deer, and other idolatrous 
 practices, concludes by telling them, " That God made two worlds, 
 one for the white people, and one for the Indians ; that the white 
 people had no business to come into the Indians' country, much less 
 to persuade them to embrace their religion ; for that God had com- 
 manded the white people to worship him in their own way, and the 
 Indians in theirs ; and that though the white people made some pre- 
 tences of instructing the Indians, yet they had no design of doing 
 them good, Iiut to put money in their pockets, and make the Indians 
 much worse." It is easy to see what influence such a story, when 
 believed among the Indians, must have, to move their aversion to the 
 truths of the everlasting gospel, and to rivet them in their idolatrous 
 practices. Accordingly, the missionary could do very little among 
 this tribe, though in every respect they seemed more humanized than 
 any he had been among." 
 
 For a long period the committee for the management of the Royal 
 Bounty* acted in concert with the Society, having appointed many of 
 the Schoolmasters to act as Catechists ; but in 1758, in consequence 
 of the fund being otherwise appropriated, these salaries were with- 
 drawn, and the number of schools was thereby diminished. 
 
 Various accounts of the Society's proceedings have been published 
 at different times, to which the reader is referred — e. g., one by Alex. 
 Belsches, Esq. Advocate, in 1774; by Dr. Macfarlan, the Secretary, 
 in 1783; by Dr. Hunter, of London, in 1793; by a Committee of 
 the Society in 1796, &c. 
 
 VI. — Documents relating to the Collection for the Church 
 
 AT BRESLAW.f 
 
 1 . Letter of Application. 
 
 ** Viris Reverendissimis, Excellentissimis, Doctissimis Clarissiroisque, 
 ad synodum generalem Scotiae, Edinburgi, congregatis, Mecaenati- 
 bus, Fautoribus et Patronis, Patribus et Fratribus in Christo plu- 
 rimum colendis, pateant, Edinburgi. 
 
 * The Royal Bounty, " for the Reformation of the Highlands and 
 Islands," was first given by George I. in 1725, and has since been annually 
 renewed. From £1000 a-year, it was by George IV. increased to £2000. 
 The Committee consists of a number of ministers and elders annually ap- 
 pointed by the General Assembly. They apply the Royal grant to the sup- 
 port of a number of Missionaries and Catechists. I find that in 1739 they 
 resolved " that an ordained minister should not have more than £30 a-year, 
 and an Itinerant Probationer only £20." 
 
 f Comp. pp. 169, 219 — None of these documents ar^to be found in the 
 Printed Acts. 
 
COLLECTION FOR BRESLAW CHURCH. 341 
 
 Excellentissime Domine Prcesul, 
 
 Ac 
 
 Summe Reverendi, Excellentissimi Doctissimique Viri, ad synodum gen- 
 
 eralem Scotice, Edinhurgi, congregati ; 
 Pafres et Fratres omni pietatis et affectvs cultu plurimum devenerandi : 
 
 Mirabimini procul dubio, Viri Excellentissimi Reverendissimique* 
 quod ab extreraa Germaniae parte vobis afJ'erantur literae ; sed mirari 
 desinetis, immo gaudebitis, si causara earum intellexeritis. 
 
 Placuit nempe Deo O. M. reformatam in Silesia, per 70 fere annos, 
 tyrannide Pontificia, et regimine Austriaco, suppressatn, ecclesiam, 
 pristina rursum beare religionis libertate. 
 
 Statim post primordia reformationis, lux salutaris doctrinte etiam 
 Silesiam irradiabat ; et gaudebant nostri antecessores multis florenti- 
 bus coetibus, templis, et scholis. 
 
 Verura, post fata Georgii Wilhelmi, ultimi e gente Piastorum in 
 Silesia Ducis, nee non principatus Bregensis et Lignicensis Domini, 
 qui anno 1675, magno ecclesiag damno, e vivis decessit, (utpote qui et 
 cujus majores pura megalandri [magni viri] nostri Calvini dogmata 
 profitebantur) ; templis repente clausis, pastoribus sede, immo ducatu 
 pulsis, confessoribus nostrje sanctse fidei, nomine Calvinianorum et 
 Philippistarum, a Lutheranis aeque ac Pontificiis odio habitis, cultus 
 publicus per 70 fere annos interdictus siluit: quapropter sacratissima? 
 nostras fidei confessores, ad hsec insuper jure civitatis privati, quolies- 
 cunque sacra peragere postulabat religio, ad exteros, hujus causa, in 
 Poloniam proficisci tenebantur. 
 
 Sperabant quidem, per conventionem, sexto currentis seculi anno, 
 inter Imperatoreni et Sueciae Regem factam, res nostras in melius mu- 
 tatum iri ; verum in hac Lutheranorura tantum, reformatorum e con- 
 tra, ne verbo quidem facta erat mentio. Et licet circa idem tempus 
 principes nee non status in Europa Protestantes fere omnes, et inter 
 hos inprimis Anna, gloriosissimae memorife, Magnse Britanniae Re- 
 gina, per legatos et intercessionalia, ab Imperatore, (ut ex allato li- 
 bello luculenter innotescit), ofBciose peterent, ut nobis, sub titulo 
 AugustansB Confession! addictis, in pace dicta Alt-Ranstadiensi, no- 
 mine tenus comprehensis, eodem ac communi cum Lutheranis uti 
 liceret jure ; verum ne quidem hoc quidquam profuit. 
 
 Sub cruce igitur Pontiticiorum fidei professas cultum frustra suspira- 
 bant nostri, ad annum usque 1742 ; quo Deo O. M. placuit preces 
 nostras exaudire, captivitate Babylonica nos emancipare, ac, per Re- 
 gem nostrum, pristinam libertatera vindicare : quippe qui liberum 
 religionis exercitium non tantum actu turn restituit, sed et dono dedit 
 spatiosam aream, cum adjacente aedificio* antiquo ; quod ad sacram 
 aediculam, qualemcunque, primo quidem adaptavimus : at, ob angustos 
 ejus parietes, concionem populi, quae quotannis facta est numerosior, 
 totam non amplius admittentes, sed magnam partem (praesertim eo 
 tempore quo sacra peragitur coena) verbi divini auditores foribus ar- 
 centes, capacius templum imperitavit exstruendum necessitas ; quod 
 quidem, favente divina gratia, et charitate fratrum in Christo in Ger- 
 mania et Batavia dilectissimorum fulti, ad finem fere perduxiraus. 
 
 Verum enimvero, cum Christianorum sit non adeo extus quam ia- 
 tus templa Dei Eedificanda curare, ac insuper membra coetus nostri 
 non solum longe latequa in Silesia dispersi, saspius sacri indigeant col- 
 2 f3 
 
342 APPENDIX. 
 
 loquii ; hinc non solum Secundum instituere Pastorem, sed et plures 
 operatios tara, quorum ad officium verbum Dei promulgare pertineat, 
 quam quibus partim exterse, partim civium, numerosae juventutis eru- 
 dienda traderentur ingenia, advocate necesse fuit. Ast maxime nos 
 solicitos tenet, quod his alendis nos impares deprebendamus, dum 
 mediis ad perficiendum incoepta destituimur. 
 
 Facultates ergo dum nobis impendendi sumptus ad solidam et ne- 
 cessariam rei ecclesiastics et scholasticae restaurationem desunt, auxilia 
 sunt petenda ab extraneorum nobiscum in communione fidei existen- 
 tium, interque eos inprimis Magnse Britanniee, et inter bos vestrorum 
 in Scotia, liberalitate ; quos quemadmodum novimus defaecata ortho- 
 doxia inter reforraatas ecclesias clarere, ita et charitate in fratres ejus- 
 dem sanctae fidei participes abundaturos speramus : immo confidimus 
 vos eadem subsidia nobis indulturos esse, quae quondam sororiis nostris 
 in Lithuania ecclesiis indulsistis, queeque vestris beneficiis sese adhuc 
 dum sartas tectasque stare gloriantur; vosqueobsecraraus, ut ecclesiae 
 nostra recens conditas, in praesenti synodo generali, qu£e Edinburgi 
 habetur, prae ceteris rationem habeatis, atque manus adjutrices nobis 
 porrigere baud dedignemini. 
 
 Hanc ob rationem Secundum Pastorem nostrum Dominum Chris- 
 tianum Ludovicum Finne trans mare ad vos mittere duximus, ut ille 
 hasce literas supplices vestrze Veneranda2 synodo tradat, atque ore 
 tenus statum nostrum pluribus exponat. 
 
 Excipiatis, quaesumus, ilium benigne, ejusque verbis plenam habe- 
 atis fidem ; beneque consideretis, vos opera ferre ecclesise, quae per 75 
 annos fata tristissima perpessa est, et, medios inter cruciatus, fidem 
 vobiscum intemeratam servavit. 
 
 Suppetias mittitis ecclesiae manu Dei mirabili restitutae, quae inter 
 Pontificios, velut castellum contra eos, erigitur ; et quse, si semel rite 
 fuerite fundata, non raodo multos e tenebris Papismi ad lucem evan- 
 gelii, per Dei gratiam, revocare poterit ; sed etiam vicinis reformatis 
 in Polonia, Hungaria, asque ac Bohemia adhuc suppressis, auxiliatrices 
 manus porriget, et asylum pra?stabit. Cujus spei non solum jam lae- 
 tas vidimus primitias ; siquidem quaedam millia Hussitarum in terris 
 nostris sedem fixerunt, et duos coetus forraarunt, quorum numerosa 
 juventus in religione et artibus ingenuis in seminario nostro poterit 
 educari. Verum etiam, cum in vicinis regnis Hungaria et Polonia, 
 (ubi, vi et beneficio pactorum, nunc aliqua quidem passim tranquilli- 
 tate gaudet ecclesia, quse tamen vario modo a Pontificiis infringitur), 
 semper agitent consilia Pontificii Protestantes opprimendi, ignoran- 
 tiam inprimis cum juventute communicando, ut sic evangelii inter sic 
 dictos dissentientes obscurent lucem ; ita bos necessaria, quibus edu- 
 eationi liberorum consuli potest, subsidia valde exoptare, vos facile 
 judicabitis sequum. 
 
 Deus vero faxit, ut omnis gratia in vos exundet, et, in omnibus 
 semper omnem sufficientiam habentes, abundetis in omne opus bonum. 
 Valete. Dabamus in presbyterio Uratislaviensi die 3tio Aprilis 1750. 
 £t subscriptione membrorum illius corroboravimus. 
 
 J. Loos P. Jagwitz. 
 
 Ab Alencon. Jannigke. 
 
 C. L. AB Unfried. V. LOEN." 
 
 F. SE Neufville. 
 
COLLECTION FOR BRESLAW CHURCH. 343 
 
 2. Act and recommendation of the General Assembly for a collection for 
 
 the Reformed Church of Breslaw, in Silesia, and supporting a school 
 
 there.— Dated, Edinburgh, May 19, 1750. 
 
 There was presented to the General Assembly of the Church of 
 Scotland, by Mr. Christian- Lewis Finne, one of the ministers of 
 Breslaw, a letter from the Reformed Church at Breslaw, the capital 
 of Silesia, with proper credentials, representing, that, after having for 
 seventy years been deprived of the exercise of their religion, and in a 
 state of persecution, they are now happily restored to their ancient 
 privileges, by the King of Prussia their sovereign, who has given 
 them ground for building a church and school ; which will prove 
 comfortable to them, and useful for supporting the reformed religion 
 in that, and the neighbouring countries: and though the King of 
 Prussia has given them leave to make a collection in the churches of 
 his own territories, for building and endowing a church and school, 
 yet that collection has proved deficient, and will not answer the said 
 good purposes ; and that the said pious and useful work cannot be 
 carried to perfection, without the assistance of other Protestant 
 Churches ; and therefore humbly supplicating such relief as to the 
 Assembly shall seem meet, for the service of a church, which has kept 
 the faith once delivered to the saints stedfast and pure, amidst a long 
 continued series of affliction and persecution : A Church ! which is 
 surrounded with Popery, and rears up its head as a bulwark against 
 the errors of that idolatrous religion : A Church ! which is situated 
 in the capital of an extensive country, a large trading city ; and 
 therefore, by the blessing of God, may be of important service to the 
 truth as it is in Jesus, to give a check to Popery, and to bring many 
 souls out of darkness to the light of the gospel : A Church 1 which, 
 if once well settled, is likely to be of great use to the neighbouring 
 Protestants in Hungary, Poland, and 13ohemia, who are still groaning 
 under the yoke of Popish bondage ; as it may serve for a seminary, 
 and city of refuge and defence : of which things there have been al- 
 ready seen some first-fruits ; for that not only several Popish families, 
 and amongst them the family of Count D'Arco, have been converted 
 to the reformed religion, but also above 5000 Hussite Protestants 
 have come over to them from Bohemia, and settled in Silesia, whose 
 children may be instructed in the school at Breslaw, taught the 
 principles of religion, and be brought up to trades ; which will be a 
 great addition and strength to the Protestant interest. 
 
 The General Assembly, having considered what is above represent- 
 ed, from a charitable and compassionate regard to their distressed 
 brethren, and a pious zeal to support the reformed interest abroad, 
 did, and hereby do recommend a general collection to be made at the 
 doors of all the parish- churches in Scotland, for the said good pur- 
 poses, upon the third Lord's day of November next ; and appoints the 
 money so collected, to be paid to James Mansfield merchant and late 
 Baillie of Edinburgh, or William Hogg,* also merchant there. And 
 the General Assembly earnestly recommend to all charitable and 
 
 * This is the person to whom tbe Assembly, for many years, ordered col- 
 lections to be remitted. He was a friend of Boston's (see bis Life — 
 Period XI. 1720), and of the clergy generally. He died at an advanced 
 age, on the 22d Dec, 1766. 
 
344 APPENDIX. 
 
 well-disposed persons to contribute for so good a work : and appoint 
 that this act be read from the pulpits of the several Churches, the 
 Lord's day immediately preceding the above day hereby fixed for 
 making the foresaid collection. 
 
 3. Letter of Thanks. 
 " Reverendissimis, Excellentissimis, Doctissimisque Viris, Generalis 
 Synodi Nationalis regni Scoticc Deputatis inclytis, pateant, Edin- 
 burgi. 
 
 Excellentissimi, Beverendissimi, Doctissimique Viri, Patres et Fratres, 
 omni pietatis et affectus cultu plurimum colendi : 
 
 Rogaremus veniam preesentis licentiEe, qua vobis, Viris summ^ Re- 
 verendis et Excellentissimis, literas iteratas denuo transmittimus, nisi 
 de vestra nobis jam abund^ constaret Christiana benevolentia, sum- 
 raaque cum animi gratitudine, per Christianum Ludovicum Finne, 
 ad vos delegatum, ministrum nostrum, quem propediem reducem ex- 
 pectamus, certiores facti fuisseraus, qua cum hospitalitate non tantum 
 inter vos exceptus, verum etiam qua cum benignitate et unanimi con- 
 sensu, quo denique cum zelo, collectio ei charitativa, pro egena et in 
 cunabulis adhuc vergente ecclesia nostra, per omnes vestras parochias, 
 hoc mense indulsa fuerit. 
 
 Gratias itaque quas possumus maximas agimus vobis, Viris summ^ 
 Reverendis et Excellentissimis : atque, pro favore hoc plan^ singular!, 
 beneficia hsec nobis et nepotibus nostris non solum semper alta raente 
 manebunt reposita, verum etiam post literas hasce tanquam primitias 
 nostras gratitudinis, successive de incrementis nostras ecclesia*, ea qua 
 decet observantia, vobis referre officios^ promittimus. 
 
 His mentionera facere omittere non possumus, post exstructionem 
 templi nostri, ad solennem ejus inaugurationem praterito mense Sep- 
 tembri, auspicante divina dementia, et peracta gratiarura actione de 
 recuperato inaestimabili religionis exercitio liberrimo, perventum ; et 
 jam inchoato cultu divino in illo, nobis nil magis cordi fore, quam ut 
 res scholastica, Dei auxilio, et vestris beneficiis, in totum restauretur. 
 
 Quam ob rem hoc nostrum pium propositura vobis, Viris summ^ 
 Reverendis et Excellentissimis, de meliori quantoties commendamus, 
 cum ad consequendum hunc finem, non sine contractione aeris alieni, 
 perveniri poiuerit. 
 
 Summum interim Numen implorablmus pro salute sempiterna et 
 felicitate ecclesias Scotise ; summa cum reverentia permansuri, 
 
 Excellentissimi, Beverendissimi, Doctissimique Viri, 
 Nominum vestrorum cultores devotissimi, 
 
 J. Loos P. J. DE Neufville, 
 
 Ab Alencon Jagvvitz. 
 
 Ab Untried. A. F. Jannigke. 
 
 Urastislaviee, die \ma Decembris, 1750." 
 
 VII. — Notes on Disputed Settlements. 
 The more important cases of disputed settlements will be found re- 
 ported at length under the respective years of their occurrence. The 
 following notes relate for the most part to other cases, which excited 
 less general interest, but which are also fitted to throw light on the 
 
NOTES ON DISPUTED SETTLEMENTS. 345 
 
 principles of the two parties in the Church during the period. Our 
 authorities for the statencients here given are the unpublished Records 
 of the Assembly and Commission, and the newspapers of the day, espe- 
 cially the Edinburgh Everting Courant and Caledoidan Mercury. The 
 phraseology of the originals has commonly been preserved throughout. 
 
 Maderhj, 1739. — This case gave rise to a keen contest between the 
 Church-courts and the family of KinnouU — the same family that has 
 prosecuted the case of Auchterarder . — Lord Dupplin presented Mr. 
 George Blaikie ; the Presbytery and Synod refused to induct. On an 
 appeal to the Commission, (iMarch, 1739,) that body " appointed Mr. 
 Robert Drummond of Auchterarder, to preach at Maderty, and to 
 intimate to the parishioners to meet there ten free days after, in order 
 to taking trial, and inquiring into the inclinationsof the heritors, elders, 
 and heads of families, with respect to the presentee's settlement." — 
 At the Commission in May, the case was again brought up ; and we 
 present the following account of what then occurred, from the columns 
 of Ruddiman's paper, the Caledonian Mercury : — " Robert Hawley, 
 weaver, and John Gray, mason, Commissioners from the parish, sisted 
 themselves as counsel for them. Hawley said that Mr. Blaikie was 
 the more disagreeable, for that, by the tenour of his acceptance of a 
 presentation, he had challenged a particular relation with that parish, 
 in virtue of the presentation solely. Also, his conduct when formerly 
 presented to the parish of Kinnaird in their neighbourhood, gave no 
 small umbrage to the sincere and godly ; that if he was settled, vast 
 numbers would secede ; that though the Commission might conclude 
 he was in a passion from some expressions he had emitted, yet, he as- 
 sured them of the contrary, and that only a holy zeal for the souls of 
 the suffering people had animated him. He concluded : — ' Now, 
 Moderator, if I have tripped, rebuke me at your bar, nor suffer me 
 to be rebuked at the discretion of a new's-writer, as I was at last 
 Commission.' Commissioner Gray [^said, that Mr. Blaikie's behaviour 
 at the Synod of Perth had occasioned his being rebuked, as he was 
 afterwards in the General Assembly ; yea, he had been admonished 
 and rebuked by the Presbytery of Edinbugh, on account of a sermon 
 he preached in the Tron Church in favours of the stage. In short, 
 the two Commissioners, though but poor labouring men, acquitted 
 themselves to the admiration of all present by their eloquence, con- 
 nection, good sense, knowledge of the constitution, forms and disci- 
 pline, of the Church, advancing nothing without proper quotations. 
 The latter being called upon by the counsel to vouch authority for a 
 certain assertion, his back got up with so holy an indignation at be- 
 ing interrupted, that he gave such a repartee as must have ruffled the 
 patience of any other than the learned gentleman." 
 
 The Record bears that the Commission, " finding that the elders 
 and heads of families of the said parish oppose the presentee's settle- 
 ment, agreed to nominate the Moderator (Mr. Bannatyne,) Mr. Jas. 
 Ramsay, Principal Wishart, Professor Lumisden, Messrs. Andrew 
 Dickson, George Logan, and William M'Neight, a committee to 
 meet at four o'clock to confer with parties." Upon their report, it 
 •was the universal opinion that in the present state of things, the Com- 
 mission could not proceed to Mr. Blaikie's settlement ; but it was 
 agreed " to write a letter to Lord Dupplin, representing the difficul- 
 
o46 APPENDIX. 
 
 ties they found in the case, and entreating his Lordship's indulgence 
 for the relief of the Church in this strait," viz., by waving hac vice his 
 right of presentation. " This," says the Mercury, " was acquiesced in 
 by Commissioner Gray, for peace sake ; but his colleage, who was 
 for doing violence to the presentation at any rate, threw down a 
 shilling and protested for justice, loudly exclaiming against his bro- 
 ther-Commissioner as a betrayer of his trust and the cause of Christ. 
 In short, the animosity was such, that the one took his route by the 
 Queens-ferry, the other by Kinghorn ; and, no doubt, their reports 
 to their constituents will difleras widely as their routes." 
 
 At the next Commission meeting, (August 9,) an answer was 
 read from Lord Dupplin.. bearing " tiiat considering the first accusa- 
 tion given in against JMr Blaikie, upon which all the subsequent pro- 
 ceedings have been founded, and the manner in which the opposition 
 to his settlement has been carried on ever since, — it is impossible for 
 his Lordship to give up Mr. B.'s presentation without weakening, by 
 his Lordship's example, the right of patronages, and of all those to 
 whom they do by law belong. That his Lordship is informed the 
 heritors do almost unanimously concur in favour of the presentee; 
 that notwithstanding the pains taken to create a dislike in the common 
 people to Mr. B.'s person and character, many of them (as the said 
 Noble Lord is very well informed) have privately signified their sa- 
 tisfaction at his being their minister," In the report in the " A/er- 
 c«r^,'' his Lordship is farther represented as alleging that " this op- 
 position was mostly from tenants at will, and had been begot by cer- 
 tain means, nor had sufficient pains been taken to reconcile the peo- 
 ple to their duty." John Gray, mason, again appeared as a Commis. 
 sioner from the parish. 
 
 •' After long reasoning on the difficulties they lay under, straitened 
 on the one hand in that any other but the presentee could not be 
 legally settled, or if the Church exercised her final power to do so, 
 the incumbent could have no stipend ; on the other hand, the seeing 
 the parish of Maderty which had been so long destitute of a settled 
 pastor, was in danger of being foundered in faith by the Seceders, 
 &c. — the question at last was put, " Appoint the moderation of a call 
 to Mr. Blaikie," or, " Not" — and it carried " Appoint." The call was 
 ordered to be moderated on the 3d Tuesday of October, and the Pres- 
 bytery to report to the next Commission. 
 
 When the Commission met in November, it was found that the 
 Presbytery had not obeyed the injunction. The case was delayed till 
 March, 1740, but we find no mention of it till the Assembly of that 
 year, when the Visitors of the Commission Book reported " that they 
 are certainly informed that Mr. George Blaikie, the presentee to 
 Maderty, has of late received a call to be a minister in America, and 
 is ordained by the Presbytery of Perth, and is soon to go thither." 
 He himself addressed a letter to the Assembly to the same effect, 
 giving up his presentation. 
 
 Bower, 1739 (see p. 10). — This was a case of jms det'oZu^Mm. Com- 
 peared for Sir James Sinclair, patron, and other appellants, Messrs. 
 Archibald Murray and Patrick Haldane, advocates, who alleged that 
 he had appointed Mr. John Corse, son to the late incumbent, within 
 the time limited by law ,• and it was argued that the presentee had at 
 
NOTES ON DISPUTED SETTLEMENTS. 347 
 
 least an equal number of legal voters with the other candidates, be- 
 sides a considerable majority of the christian people : it was said the 
 parish would have been unanimous in their choice, if methods of con- 
 cussion had not been used. IMessrs. Joseph Williamson and James 
 Grahame, advocates, appeared on the other side, and showed, that as 
 the patron had produced no title to justify his right, and was unquali- 
 fied, — as the presentee had never taken the oaths, nor had his accept- 
 ance been intimated to the Presbytery, — they could not sustain the pre- 
 sentation ; and the time having elapsed, they behoved to declare the 
 jus fallen in their own hands. It was shown that the majority of legal 
 votes was for Mr. Oliphant ; that papers had been forged, and wrong 
 dates put to deeds, in order to qualify men for voting ; that the chris- 
 tian people who had appeared for Mr. Corse were men of no charac- 
 ter — some of them beggars, others noted rogues The Assembly sus- 
 tained Mr. Oliphant's call by a very great majority. 
 
 Kingsbarns, 1739 (p. 11) — Mr. Vilant had been presented, and 
 had obtained a considerable " concurrence," but a majority gave a 
 call to Mr. Pitcairn. The Commission of 1738 appointed the Pres- 
 bytery to proceed to settle Mr. Vilant. As it was found, however, 
 that the majority were not disposed to comply with that injunction, 
 the minority carried it into effect. The case came for final judgment 
 before the Assembly 1739, jMr. Charles Anstruther being counsel for 
 Mr. Pitcairn's friends ; and Messrs. James Grahame, junior, and 
 Archibald Murray, for Mr. Vilant's. The arguments used on the 
 former side were, "that the Commission had exceeded her powers in 
 counteracting the known practice and rule of the Church, which so 
 expressly forbids the intruding of ministers upon parishes against the 
 will of the christian people; that intrusions this way, so contrary to 
 the word of God, were one of the great occasions of Mr. Ebenezer 
 Erskine and his brethren seceding," &c. Answered, " That the Com- 
 mission could in no case exceed her powers, being empowered to de- 
 termine in all relative questions finally; yea, if she had tripped in 
 any point, that could never reverse the settlement, however she might 
 be liable to censure, having acted according to her best light ; nor had 
 the Commission acted anywise against the rules of the Church, unless 
 by the will of the people were meant their mere will or obstinate will, 
 without assigning a reason ; that the laws cited anent intruders were 
 misapplied, the sole intention thereof being to prevent unfit persons 
 being introduced to the ministry, or without passing suitable trials; 
 that, as from the sacred text, no express argument could be adduced 
 for settling vacancies, so the opponents were challenged to mention 
 the Act of Assembly which vested that power in such as they reck- 
 oned the christian people? No! this power had been ambulatory, 
 and the Commission had now acted conformably to the laws of the 
 Church, and the laws of the land ; that there was such concurrence 
 with the presentee, that, if settled, there was not a man in the parish 
 worth the King's unlaw but would be of his audience, &c. Some said 
 they had not expected to hear Mr. Ebenezer Erskine's name within 
 the walls of that house again. — As to the question how far the minor- 
 ity of the Presbytery could proceed to the settlement after the ma- 
 jority had declined proceeding, there were warm debates for and 
 against censure. Some alleged, that upon the majority withdrawing, 
 
348 APPENDIX. 
 
 they were /unch', and no longer a Presbytery ; others affirmed, that 
 the minority being still a quorum were a Presbytery, and that as they 
 acted in obedience to a superior court, and ministerially , their proceed- 
 ings must be regular. — The decision will be seen at p. 11. 
 
 Kinethmont, 1739. — The Presbytery of Alford sustained a call by 
 certain heritors, elders, and heads of families, to Mr. Theodore Gor- 
 don, minister of Cabrach, laying aside a call by other heritors, &c. to 
 Mr. Robert Gillon, probationer. The Synod affirmed the decision, 
 against which an appeal by Mr. George Leith of Blackball, and 
 others, came before the Commission in May, 1739, along with a pro- 
 test against the Presbytery for not receiving a petition of Mr. Leith, 
 containing an accusation against one of the voters for Mr. Gordon, 
 as having been guilty of scandal. The Counsel for the Appellants 
 was Mr. Patrick Haldane, for the Respondents, Mr. Archibald Mur- 
 ray. The Commission agreed nem. con. to affirm the sentence of the 
 Synod. 
 
 Ceres, 1739-40 (p. 18). — Competing calls for Messrs. Scott and 
 Loudon came before the May Commission, 1739 — the counsel for the 
 former being INIessrs. Patrick Haldane and James Grahame, jun. ; 
 and for the latter, Messrs. Archibald Murray and Joseph Williamson. 
 An objection was stated against Mr. Loudon, " as having been assis- 
 tant to some of the Seceding ministers." He judicially acknowledged 
 having once preached at Perth, and once at Orwell, at the invitations 
 of Messrs. Wilson and iNIair respectively, with his declaration at the 
 same time that he did not approve of the said ministers' separation. 
 It was carried by a very great majority, " Sustain the call to Mr. 
 Scott," against which Mr. Archd. Murray appealed to the Assembly 
 — 1st, Because the charge about Mr. Loudon's preaching for the Se- 
 ceding ministers was never before the Synod of Fife, as appears by 
 the Synodical Extract; 2d, Because they had taken under considera- 
 tion Mr. Loudon's behaviour as to some parts of his trials, which was 
 no part of the cause appealed." Mr. Gillespie of Strath mi<];]o, and 
 other members of the Synod, also appealed, because " the Commis- 
 sion had rejected the so very harmonious call, sustained by the great 
 l)lurality of the Synod of Fife, in opposition to a pretended call by 
 some heritors with a few of the parishioners." There dissented from 
 the judgment of the Commission, Messrs. John Squyre, Forres, and 
 Wm. M'Neight, Irvine, ministers, and Colonel John Erskine and 
 Albert Blunro, elders The case accordingly came before the Assem- 
 bly 1740. " It was alleged," says the Caledonian Mercunj, " as an 
 objection to Mr. Loudon, that he was not every way fit and sufficient 
 for the ministry, and that he had a squint- eye to the Seceder brethren." 
 Mr. Scott's call was sustained by a great majority, •' from which 
 judgment one minister and one elder dissented — as did a certain tailor 
 in the parish of Ceres, who also offi^red to speak up and point out the 
 iniquity of the sentence." 
 
 Culross, 1739 This case, which came before the May Commission, 
 
 presented nothing remarkable. There were two competing calls of 
 heritors, elders, and others — one to Mr. Thomas Turner, 'i'ulliallan, 
 (Archibald Murray, Esq., their counsel,) and another to Mr. Henry 
 
NOTES ON DISPUTED SETTLEMENTS. 349 
 
 Lindsay, Bothkennar (James Grahame, jun., Esq., counsel). The 
 Synod had preferred tiie former, and the Commission affirmed tlie 
 sentence. Mr. Turner, however, declined the call, but soon after ac- 
 cepted one to Stirling. 
 
 Brechin, 1739. — Competing calls between Mr. John Gellatly, For- 
 gan, and Mr. Wm. Shanks, probationer. The November Commis- 
 sion unanimously decided in favour of the latter. 
 
 South Leith, 1740 (p. 18, 20). — The chief difficulty here was re- 
 moved by Lord Balmerino,* the patron, waiving his right in presence 
 of the Assembly, for wiiich, "as he stood near the throne, he was 
 thanked by the Moderator." 
 
 Tranent, 1740 (p. 18) — " It has not been known," says the Mer- 
 cury, •' that contests run higher for and against a presentation than on 
 this occasion." The rival candidates were Mr. John Rogers, assistant 
 to the former minister, Mr. Mutter ; and Mr. Charles Cunningham, 
 presented by the Crown. '* It was argued that the presentation had 
 been impetrate by subreption, ohreption, or correption (not "corrup- 
 tion"), at the solicitation of some election-jobbers in the town of Had- 
 dington, without the privity of the parishioners ; that there was scarce 
 any concurrence of elders, heritors, or heads of families; that some of 
 the heritors who concurred were non-residents ; and that one of them 
 was less to be regarded, as he had actually sold and delivered his wife 
 to a neighbour for a guinea, the last fast-day; and that as the Seced- 
 ing Presbytery had erected a tent in the parish of Tranent for the 
 summer campaign, and taken a house there for winter quarters, the 
 dividing the people by a violent settlement would be construed by the 
 thinking part of mankind, as building with the one hand and pulling 
 down with the other." It was answered. That the alleged sM6/-e/3</o«, 
 ohreption, or any eption at all, was all gratis dictum ; that any want of 
 concurrence was indeed to be charged on the body of eldership, who 
 had by subreption, impetrate, and mendicate subscriptions upon quar- 
 ter-sheets of paper in every corner of the parish, and afterwards bat- 
 tered these quarter-sheets to one general petition ; that one man had 
 subscribed two several times, and even a certain woman for her hus- 
 band, who, when he came home and learned what was done, had al- 
 most worried the wife and retracted : That the gentleman who it was 
 pretended had sold away his wife was a good and virtuous man, and 
 what past on that occasion was no more than a joke over a bottle ; 
 and that any danger from the Associate Presbytery was only to be 
 prevented by the speedy settlement of a minister." It carried, '* Pro- 
 ceed to Mr, Cunningham's settlement," by a majority of 15. A cer- 
 tain ruling-elder whispered, " that was the d — I's dozen." 
 
 Currie, 1740 — Of this/amow.? case, a short outline has been given 
 at p. 18, 19, along with the remarks of Sir Henry MoncreifF.f We 
 
 • This was not the unfortunate nobleman who some years after sufffrcil 
 in the cause of the Stuarts. It wa^ his brother, a Senator of the College 
 of Justice. 
 
 f Sir Henry, however, is not strictly correct in saying that it was Mr. 
 
 2 G 
 
350 APPENDIX. 
 
 shall here give some account of the previous discussion it underwent 
 in the Synod of Lothian and Tweeddale, before whom the case came 
 by appeal and reference. " They first heard the appeal. The papers 
 were long, and expressed a peculiar virulence. The answers of the 
 Presbytery made much use of a pamphlet entitled " A Letter to a 
 Scots Clergyman," to vindicate the principles upon which the Pres- 
 bytery had proceeded. After many hours were spent in the case, the 
 Appellants chose to fall from their appeal, and the Dissentients 
 withdrew their dissent with this reservation, that it should not pre- 
 clude them from oflfering any objection to the Magistrates' right of 
 presentation, or from the liberty of a fair debate. In the afternoon, 
 the reference was read with many long papers relating to the affair, 
 particularly a letter from the Rev. iMr. Mercer, with others from 
 gentlemen in the Synod of Perth. They contained a full vindication 
 of him from the injurious reflexions said to have been cast upon his 
 character. Mr, Robert Dundas appeared to oppose the presentation, 
 and spoke extremely well on that subject. Mr. Joseph Williamson ap- 
 peared to support the rights of the town, and showed a copy of a 
 charter which conveyed to the city Rectorium de Currie cum Mansa, 
 Gleba, Terris Eoclesiasiicis, Fructibus, Reditibus, Sfc. ; and, he argued, 
 that though there was no mention of the word Patronatus, yet, these 
 words implied all that constituted a patron. He appealed to Lord 
 Stair's authority in proof of the fact, that many noble families in 
 Scotland presented to churches by virtue of grants of a like nature. 
 He said that the Magistrates' right was never disputed till now, and 
 that only five years after they got that charter, they presented Mr. 
 Charters, who, in consequence thereof was settled. But even allow- 
 ing that said charter did not convey the patronage, yet, there was 
 another a few years after tliey had presented Mr. Charters, which 
 confirmed to them all the patronages which they had at that time 
 a right to, or were in possession of. He shewed their title good by 
 long and undisputed possession from the Presbytery and Town 
 Council Records. It was indeed true that the Synod had called a 
 presentation in a former case, a sham presentation, but the reasons 
 were plain, for the man whom they presented enjoyed a better settle- 
 ment, and would not accept. But the Synod had never called it a 
 sham patronage. He said, that if a minister of Edinburgh should be 
 presented to St. Kilda, it would be a sham presentation, though the 
 patron's right was never doubted. 
 
 It was argued on the other side, that these words cum Mansa, 8fc., 
 could not refer to the Rectory of Currie, but to the Archdeaconry of 
 Lothian, and that the words kirks or patronage not being in the char- 
 ter, they could not claim either. Lord Stair's authority, it was al- 
 leged, had been incorrectly quoted. With respect to the town's 
 general charter, it was observed that it had no novodamus, and was 
 only a confirmation of former titles, but could give rise to no new 
 ones. The Presbytery Records, it was maintained, were against 
 them. The Synod settled Mr. Spark in 1718, in opposition to the 
 
 ]\Iercer, who^rsf moved the censure in the Synod on Ebenezer Erskine. 
 The motion was made by Mr. Adam Ferguson of Logie-rait, (father of the 
 celebrated professor,) and supported by Mercer, Mackie, (see p. 325,) 
 Craigie of Glendoick, &c. 
 
NOTES ON DISPUTED SETTLEMENTS. 351 
 
 Magistrates, from which judgment the latter had ^^^^^/Pflff- 
 And for the Town Council Records, they could not be admitted as 
 evidence in their own behalf in any court whatever, nor could much 
 S be given them in ecclesiastical courts, seemg that in a late 
 : nslatlo^ they were found to contain many things .rectlyincon 
 sistent with the Presbytery Records. In reference to this part ot the 
 pSngs the tL« J sayl-'« Mr. Dundas delivered a speech fVom 
 Ihe barfsetting the whole matter as it has been hitherto "^^"^g^^ /" 
 a clear light -it was writ with so much spirit, and in so genteel a 
 manner! as commanded the utmost attention, and seemed to give the 
 
 "^'^Thtlrstqldc;^ put was. as to what should be the state of the 
 vot^-wh th^r the SyLd '« should declare that as circumstance now 
 are, they cannot concur in Mr. Mercer's cal and ^^^^\'^,' ^I'^'l^^^ 
 Asemblv"-or -Sustain the call or not." It carried by a great 
 ma odtv " the second state of the vote." Upon this, a Dissent was 
 3ed'by G. Gibson, M. Reid, J Lundie J. Matthison P^and 
 J Cuming, Andrew Dickson, G. Murray, George Logan, J- Gow- 
 die, M S^mfon, Gilbert Hamilton, J-es Glasgow John CJun^^^^ 
 James Glen, D. Plenderleath, George Wishart, John Glen, James 
 Burnet Wniiam Orr, and James Bannatyne, Ministers ; and by the 
 Lrd Conservator of Campvere. Baillie William Crockat Conveners 
 Keir and Svme, Deacon Wight and Mr. John Malcom, hlders. 
 
 It was by thiL time past twelve o'clock at night, and ^^^e -ext vote 
 carried unanimously, as all of one way of thinking refused to vote.- 
 The rest (who were 45 in number) voted " Not sustain. 
 
 their lawyers founded, as putting their right beyond dispute The 
 other objections, says the Courant, were answered with much olidity 
 and skill. The overture adopted by the Assembly (see p 18, 19 ) 
 was passed by a very extraordinary -"^^r^^^^' ^^°/" y' ^^^i^Trf 
 Presbytery ot Edinburgh, after long enquiry, found, that Mr. Uavxa 
 Mouhray was duly elected minister of Currie. 
 
 Kells 1740.-The only facts I have been able to ascertain tespect- 
 ing^S case are, that th J Commission of May, IfO remitted to th 
 Presbytery of Kirkcudbright, to appoint ^^e moderation of a caZa^ 
 L^e, not excluding Mr. R. M'Morran ; and that the Commission 
 of November, by a very great majority, sustained the call to -Mr. 
 Pafrkk Yors'ton^in preference to that to Mr. Robert Maitland. 
 
 Dir^gwalU 1740-41 (see p. 24).-This was a very curious case as 
 illustrating the manner in which Presbyteries, -P-^ '^ 
 Highlands (see p. 91, note), were sometimes found to e^erae their 
 powers in the settlement of ministers. The Presbytery of D.ngwall 
 appointed the moderation of a call at large of a /"'n^ster to the town 
 and parish of Dingwall, excluding Mr. Murdoch ^^/f ^"^'^' ^^^ ^°" 
 dn, from being on the leet, in respect of his great usefulness where he rs. 
 2 G 2 
 
352 APPENDIX. 
 
 The Synod of Ross affirmed this judgment, but the Commission of 
 May 1740 reversed it, by a majority of 53 to 39, and ordered Mr. 
 M'Kenzie to be admitted on the leet. At the moderation of a call, 
 Mr. Gilbert Robertson was found to have the concurrence of Sir 
 Robert jMunro of Fowlis, and a few other heritors, and one head of 
 a family; while Mr. M'Kenzie's call was signed by a great many 
 heritors, with the concurrence "of the haill other parishioners." — 
 Yet the Presbytery preferred Mr. Robertson, and gave him a Pres- 
 byterial call. The November Commission, however, reversed their 
 decision by 30 to 3, — declared their dissatisfaction with the Presby- 
 tery, and appointed tiie Moderator to write them a letter to that ef- 
 fect. It was even proposed to bring them up to be rebuked at the 
 bar of the next Commission. Alexander Gordon of Ardoch dissent- 
 ed, and Albert Munro of Coull, as representative from said Presby- 
 tery, protested, and appealed to next Assembly. (The Presbytery 
 craved delay, because none of them had come up, and their lawyer 
 was sick.) — The Assembly 1741 ordered Mr. M'Kenzie's transporta- 
 tion to Dingwall. He was some years after translated to Inverness. 
 
 The secret spring of the Presbytery's undue partiality in this mat- 
 ter is, by the Mercury, alleged to have been the circumstance of Mr. 
 Robertson having acted *' as itinerant tutor to Sir Robert Munro's 
 eldest son." And the opposition of the people of Dingwall to his 
 nominee was, no doubt, very much inflamed by Sir Robert's violent 
 attempts to coerce the town-council in the election of a member for 
 the burghs, which gave rise to a dreadful riot and loss of life. 
 
 A complaint was made to the Commission of ]March 1741 by the 
 parish, stating that there had been a vacancy for four years and up- 
 wards ; and that from the 1st October, 1740, to the l5th February, 
 1741, there had been supply only once. The Presbytery were ex- 
 horted to send supplies more frequently. 
 
 Boicden, 1741-42 (p. 23). — This parish became vacant in January, 
 1739, and there being no appearance of harmony among the parish- 
 ioners towards a comfortable settlement, the then Duke of Roxburgh, 
 patron, and superior of the whole parisii, and proprietor of above a 
 half, with consent (it was alleged) of about -Iths. of the landed in- 
 terest, and several of the parishioners presented Mr. James Hume 
 within six montiis. This was opposed by a body of the feuars of 
 Bowden and Midlem, and others, who wished a moderation at large. 
 The Commission of 1740 ordered the Presbytery to proceed to his 
 settlement, but as they not had liglit enough to obtemper the injunc- 
 tion, the case came by cross-appeals before the Assembly, 1741, (p. 
 23.) 
 
 It was argued ^or the opponents of the presentee, that there was no 
 concurrence, and therefore that no pastoral relation could he formed ; 
 that the settlement would create great scandal and promote Secession, 
 &c. ; that the Commission had acted after an iniquitous manner in 
 appointing such a settlement, without previously ordering a call (at 
 large) to be moderated, &c. " There appeared,** says the Mercury^ 
 " Walter Heatley, the Miller of Bowden's man. Commissioner for the 
 christian people, who appealed to the Book of Discipline, which he 
 held in his hands, and insisted that nothing should be determined con- 
 trary thereto, or to the scriptures of truth. He talked a great deal of 
 
NOTES ON DISPUTED SETTLEMENTS. 353 
 
 the privileges of his constituents, of natural and inherent right, &c." 
 On the other side it was said, that the moderation of a call at large, 
 ■when the parish was in law limited to one person, was a mere farce, 
 and ought not to be insisted on ; that such a moderation was in no 
 way competent when a presentee was in the field, and to insist upon 
 it savoured not a little of the practice of the clergy of our neighbour- 
 ing country, where the Dean and Chapter meet to pray for light and 
 direction in their election (of a bishop), though they know by the 
 conge d'elire they are precluded from electing any but the person there 
 named, under the penalty of a premunire. It was farther observed, 
 that the Presbytery had not sufficiently laboured to reconcile to the 
 presentee the inclinations of the Renitents, who had assigned no rea- 
 son for their opposition but their positive will and pleasure ; that the 
 Commission had been empowered to decide finally, &c. 
 
 The Assembly of 1741 ordered Mr. Hume's settlement, but the 
 Presbytery still refused compliance. The Synod then took steps to- 
 wards it, but an appeal was brought from their judgment to the As- 
 sembly, 1742. " Never," says the Mercury, " were debates more 
 learnedly or keenly managed in the Assembly-House than on this 
 occasion, for nearly nine hours. It was pled against the settlement 
 that only four persons concurred with Mr. Hume, and that they 
 might as well pretend to fix a pastoral relation between him and the 
 church-walls, as with the parishioners of Bowden ; that such a settle- 
 ment might pass in England, where the incumbent, satisfied with the 
 delivery of the key of the church, the ' tow of the bell,' and a clod of 
 the glebe, sought no other concurrence than the toll of his bell brought 
 him ; but, in the Church of Scotland, a suitable concurrence of the 
 congregation was absolutely requisite to complete the incumbent's 
 title ; and that the frequent violent settlements thus unduly made had 
 occasioned disorders, separations, &c. And one Reverend Gentle- 
 man en that side, with tears in his eyes, said, that the cause of Christ, 
 and his inheritance, suffered at this day from the proceedings of judi- 
 catories." Answered, " That the concurrence was far more consider- 
 able than was alleged* ; that any opposition of the people was not 
 founded in reason, since they had not objected to Mr. Hume's capa- 
 city, life, or doctrine, but purely that he had accepted a presentation ; 
 that this instance of disobedience in the Presbytery of Selkirk tended 
 to unhinge all order and subordination of judicatories, and even to- 
 tally to subvert the constitution ; that in all government, civil or ec- 
 clesiastical, there must be a dernier ressort, to prevent anarchy and con- 
 fusion, — and that the last Assembly having appointed the Synod to 
 see their orders executed, the Synod's sentence ought to be the finis 
 lituum. " 
 
 The vote of this Assembly went very close. For affirming the 
 Synod's sentence, settling Mr. Hume, 51 — " Not" 56. — Principal 
 
 • The concurrence was said to be as follows: — The Duke of Roxburgh, 
 Sir William Ker of Greenhead, Ker of Cavers, Lady Dowager of Cavers, R. 
 Elliott of Middlemill, Kerof Kippielaw, R. Ker, advocate. Dr. Andvv. Plum- 
 mer of Middlestead, George Douglas, Friarshaw, Charles Baxter, Prieston, 
 Charles Wilkison, Huntlywood — besides several small feuars, and eight of 
 the principal tenants. The valued rent of the feuars (opposers) was said to 
 be about g of the whole valuation. 
 
 2g 3 
 
354 APPENDIX. 
 
 Wishart entered a dissent, which was ultimately adhered to by 20 
 other ministers (including Messrs. Wm. Gusthart, Henry Lindsay, 
 Thomas Rankine, John Glen, Wm. Robertson, D. Blair), and 5 
 elders, viz., Colonel Erskine, Albert Munro, James Burnett, Alexan- 
 der Boswell, George Baillie. 
 
 «' In the course of the above debates it had been strongly urged, and 
 seemingly acquiesced in, that the Synod had been irregular in some 
 steps of the settlement — wherefore it was proposed, that even if their 
 sentence was affirmed, they should stand up to be rebuked. (They 
 bad refused to admit as members of Synod certain elders, newly elected 
 by their respective Sessions to represent them in Presbytery and Sy- 
 nod.) — The Very Reverend Moderator (Principal TuUidelph) ac- 
 cordingly rebuked them in obedience to the court, in such a tender 
 and brotherly manner, as made some conclude he would not have 
 scrupled to sign their sentence as Moderator of the Synod." 
 
 Auchterderran, 1741. — This is rather an important case, as shewing 
 the mind of the Church at this period as to who were legal electors^ — 
 Mr. Boswell, of Balrauto, had yielded his right of patronage to the 
 majority of legal electors, and allowed the parish a free choice. This 
 occasioned two competing calls — one to the Rev. Robert Douglas of 
 Portmoak, the other to Mv. Matthew Mitchell, Preacher. It appear- 
 ed beyond dispute that Mr. Mitchell had a majority of the conjunct 
 body of heritors and elders — and, therefore, the patron gave his con- 
 sent to bis settlement. On the other side, the callers of Mr. Douglas 
 were nearly equal as to heritors and elders, but had a vast majority of 
 heads of families. — The Court was pleased with the generous conduct 
 of the patron. It found that the Act 1690 was the only rule of judg- 
 ing, and therefore unanimously decided in favour of the callers of Mr. 
 Mitchell. 
 
 Liherton, 1741 (p. 24) Case of an assistayit and successor. Mr. 
 
 Samuel Sejnple, being aged and incapable of active duty, had, jointly 
 with the majority of his heritors, and of the whole parish, signified his 
 inclination for Mr. John Jardine to be his ordained assistant, and to 
 have the survivancy after his death. In consequence of this a sign- 
 manual was obtained from the Crown as patron, consenting to the 
 settlement. But it was held by many heritors, that the patron could 
 not interpose unless there was a vacancy ; that his right could not take 
 place till the actual decease or demission of Mr. Semple; and that, 
 therefore, a consent of such a nature was to be regarded as against 
 law, and not binding, as it could not oblige any succeeding patron to 
 ratify such consent. It was answered, That it had been the custom 
 of the Church of Scotland, since the reformation, to allow such set- 
 tlements, and that custom became through long usage a law ; that 
 the objections were not valid, because all the writers on the Canon- 
 law expressly declared, that a patron might present either when a 
 church was actually vacant, or when the incumbent was unable to dis- 
 charge the duties. The Presbytery bad appointed the moderation of 
 a call to Mr. Jardine — the Synod had affirmed tlieir judgment, which 
 the Assembly now also did unanimously. 
 
 Carnbee, 1741-42, — This was a long and tedious case, the outline 
 
NOTES ON DISPUTED SETTLEMENTS. 355 
 
 of which, at the different stages, will be seen at pp. 20, 27. Mr. John 
 Nairn, the Earl of Kelly's first presentee, was settled assistant at An- 
 struther Wester. His Lordship then presented Mr. Joseph Pitcairn. 
 The Presbytery still wished to moderate in a call at large, but they 
 were hindered by a sist from the Commission of May, 1741. The 
 case came up by reference at the Commission in August. " Com- 
 peared for the patron, and certain heritors and elders, Mr. Joseph 
 Williamson, advocate, who insisted for a limited moderation to Mr. 
 Pitcairn. Compeared two elders, by commission, from three heritors 
 and seven elders, who craved that an unlimited moderation might be 
 appointed. The Commission remit to the Presbytery to moderate in 
 a call at large, but this without prejudice to the right of the patron, 
 or any objections to the subsistence thereof as accords, it being the 
 meaning of the Commission not to give any judgment on the patron's 
 right, but to leave that matter entire. The Presbytery to report dili- 
 gence to the Commission in November, and the Commission appoint 
 the Moderator to write a letter to the said Earl of Kelly, signifying 
 their great regard to his Lordship's inclinations in this affair." 
 
 The Synod of Fife sustained a call to Mr. John Storer, the Earl 
 of Kelly appealing to the November Commission. The Synod then 
 objected tliat the Commission had no jurisdiction to judge of this ap- 
 peal, the only thing referred to it being the appeal of the Earl of 
 Kelly against laying aside his presentation. " The Commission refer 
 tliis to the Assembly, but in regard the Earl of Kelly's appeal to the 
 Assembly, concerning his right of presenting to the vacancy of Carn- 
 bee, is regularly before this Commission, and because his presentee 
 (Nairn) is now otherwise provided for, the Commission did not think 
 it necessary to determine the abstract question, but leaveth it to next 
 Assembly." That Assembly, without a vote, preferred Pitcairn's call.* 
 
 Fearn, 1741 (p. 36). — Theie was considerable delay in the settle- 
 ment of this parish, which was partly owing to a libel that was raised 
 against one of the candidates, Mr. Donald Fraser, and was finally 
 disposed of by the Commission of May 1741, by a sentence of general 
 acquittal. The Commission, at the same time, appointed a new mo- 
 deration of a call for Fearn, and instructed the Presbytery " to allow 
 any minister or probationer to be upon the leet, who shall be preferred 
 by such as have interest in the parish." The two candidates were 
 Mr. Fraser and Mr. Donald Ross, of Lochbroom. The Presbytery- 
 sustained the call to the latter, as did the Commission of November 
 1741, "by a scrimp majority." — It appeared, however, that the Pres- 
 bytery of Tain had inhibited and discl)arged Mr. Fraser from preach- 
 ing at Fearn, though the Synod of Ross had appointed him. The 
 Commission advised the Synod to sist the Presbytery to next General 
 Assembly, to answer for their conduct — but we hear nothing more of 
 the matter. 
 
 Canongate, 1742 (p. 27). — Competing calls to Mr, John Ferrier 
 of Largo, and Mr. Robert Walker of Straiton, afterwards of the High 
 
 ♦ The Earl of Kelly sent a letter to the Assembly, signifying his earnest 
 wish to have Mr. Pitcairn settled. 
 
356 APPENDIX. 
 
 Church, Edinburgh. — The Assembly 1742 unanimously sustained the 
 call to the former. 
 
 Falkirk, 1742 (p. 27).— The Earl of Kilmarnock, Lord Napier, 
 and other heritors, call Mr. Muirhead of Glassford, but the Assembly 
 sustain the call to Mr. Ferrier of Largo (see the last article). 
 
 Dalziel, 1742 (p. 27) — On Dr. Macqueen's translation to Stirling, 
 the patron, heritors, and others, gave a very harmonious call to Mr. 
 Joseph Yair, minister of the Scots Church at Campvere, in Holland. 
 The call was sustained, and found orderly proceeded in by the Pres- 
 bytery of Hamilton, but the said Presbytery refused to grant their 
 concurrence therewith. The Synod referred the case to the Assem- 
 bly 1742, who concurred with the call, and ordered it to be laid be- 
 fore the Presbytery of Edinburgh, with a view to his transportation. 
 — 1 rather think Mr. Yair continued in Holland ; for, in the year 
 1771, there appeared a translation of Chavffepie's Life of Servetus, by 
 a person of the same name, settled at Campvere. He had formerly 
 been minister of Carriden, in Linlithgowshire. 
 
 Bervie, 1742 (p. 27). — There were here two presentations, one to 
 Mr. Dow, from the Crown (supported by a great body of the people); 
 the other to Mr. Mollison, from Viscount Arhuthnot — claiming the 
 right of patronage as derived from the Carmelite Friars, with which 
 presentation there concurred a majority of heritors, elders, town- 
 councillors, and body of the people. After long debates it carried for 
 the former. 
 
 Manor, 1742 (p. 35) The call in this case was subscribed by only 
 
 three persons. 
 
 Baldernock, 1742-43 (p. 43) — A presentation was issued by the 
 Crown to Mr. John Colquhoun, and was duly accepted by him. — 
 But while the presentee was abroad, some men had obliged them- 
 selves, by two distinct bonds, to give all opposition in their power to 
 his settlement, and that the minority of the said subscribers should go 
 in with the sentiments of the majority in the election of a minister; 
 — which combination papers had been industriously handed about, 
 and subscribed by the opposers of the presentee, and were at length 
 produced before the Presbytery of Dumbarton, and by them cancel- 
 led, though extracts of them were demanded. There was, on the 
 other hand, a call to Mr. Wm. Boyd, said to be from a considerable 
 majority of heritors, all the elders, and a great majority of heads of 
 families. The Synod had found that they could not sustain the call 
 to Mr. Colquhoun with so small a concurrence. His appeal came 
 before the November Commission, 1742. Mr. Joseph Williamson, 
 counsel for the respondents, took an objection to the constitution of 
 the court, which was overruled ; and, on proceeding to the merits, 
 the appointment of Mr. Colquhoun's settlement was carried by a great 
 majority. Mr. Williamson appealed to the Assembly, for this among 
 other reasons, that the sentence was founded chiefly upon certain 
 writings which had been destroyed in consequence of an appointment 
 of the Synod of Glasgow and Ayr, against which there had been no 
 
NOTES ON DISPUTED SETTLEMENTS. 357 
 
 appeal. Mr. Robert Riccaltoun, Hobkirk, dissented. — It was found 
 at the Commission in March 1743, that the Presbytery had not obeyed 
 the appointment. The case was referred to the Assembly according 
 to the Act 1736. The Assembly refused to hear the complainers 
 against the Commission's sentence, except as to any nullities alleged 
 against it, and dismissed the complaint without a vote. The rest of 
 
 the decision will be found at p. 43 When Mr. Colquboun was on 
 
 bis trials for ordination, a libel was got up against him, and prosecuted 
 with great keenness, but the charges were found to be groundless. 
 
 Moffat, 1742. — The IMarquis of Annandale, patron, and other heri- 
 tors, elders, and others, called Mr. John Nimmo of Johnston. Cer- 
 tain other heritors, elders, &c., called Mr. John Irvine of Wamphray. 
 The Synod finding a great many difficulties did not judge it for the 
 interests of religion, to come to an immediate decision, and referred 
 it to the Commission, who, in August 1742, sustained Mr. Nimmo's 
 call, by a very great majority. Yet the Commission of March 1743 
 refused to transport him; and the person next presented seems to 
 have been Mr. Edward Johnston, whose trial for libel will be found 
 at p. 89. He was ultimately admitted minister, and published vari- 
 ous sermons preached on public occasions. 
 
 Tonnadice, 1743 (p. 41 ) — The New College of St. Andrews being 
 patrons (and also titulars of the tithes), waived their privilege pro 
 hac vice. Tlie Presbytery settled Mr. Weath, in opposition to Mr. 
 Young, though " supported by a great body of all ranks of the parish- 
 ioners,"* and in the face of several appeals. Principal Haddow ap- 
 peared for the College, who favoured I\Ir. Y''oung. The Assembly's 
 sentence (passed after an eight hour's debate) will be seen at p. 41. 
 
 Lochbroom, 1743 — The Earl of Cromarty, &c., (see p. 41) repre- 
 sented in the petition, "that in December last (1742), the Presbytery 
 of Gairloch thought fit to appoint the moderation of a call, not to a 
 certain day, but betwixt and a certain time now past, and in order to 
 carry their design, they hurried on the moderation certain days before 
 they acquainted the patron and principal heritor of the time of meet- 
 ing; and farther, they did not intimate the time of moderation ten 
 free days l)efore, but employed one Mr. Rod. M'Kenzie, who had 
 been a minister somewhere in England, to preach, and moderated a 
 call the Wednesday after and sustained it, though few of the parish, 
 which is very extensive, had access to know any thing about it." — 
 They had also refused extracts of their proceedings. The decision 
 will be found at p. 41. 
 
 Cliiny, 1743 (p. 42). — A majority of heritors and elders seem to 
 have been for Mr. Michie. The Assembly's decision was passed nem. 
 con. One objection made to Mr. Mackenzie was the alleged irregu- 
 larity of his license, for the record bears that " next day he produced 
 his license and testimonials of his good behaviour, which the Assem- 
 
 * Certain elders were deposed, chiefly for soliciting votes on a Sunday fof 
 Mr. Young. Tiie Coramissiun of May 1743 reponed thera. 
 
338 APPENDIX. 
 
 bly referred to the committee for overtures, who found that he was 
 regularly licensed." 
 
 Kinnell, 1743 (p. 43). — Mr. Murison's presentation was supported 
 by the Earl of Panmure, and certain parishioners, but tha great ma- 
 jority of them were for Mr. Robert Garden, probationer. The dis- 
 sentients from the Assembly's judgment (sustaining the prssentation) 
 were Lachlan Macintosh, Al. Webster, John Currie, John Ballingall, 
 Robt. Dunbar, John M'Derrait, Wra. Moncrieff, Wni. Coats, Thos. 
 Gillespie, Robert Stark, James Innes (Merton), ministers; and Al- 
 bert Munro of Coull, and Gordon of Ardoch, elders. 
 
 ^ Roberton, 1743-1744 — Here was a long-protracted struggle be- 
 tween the patron and the church-courts, where the latter had at length 
 to succutnb. The Duke of Douglas presented Mr. William Nimmo. 
 The Presbytery would not sustain the call, and the case went to the 
 Synod. That body " found that they could not concur with the call 
 as it now stands, but allowed the Presbytery of Lanark to use their 
 best endeavours with all parties concerned, of rendering the settlement 
 of the parish comfortable, either by softening the Duke of Douglas 
 to make that parish easy, or essaying again to bring more of that peo- 
 ple to concur with the call." At the Commission of May, 1743, it 
 was proposed to delay the case till August, but it carried " Proceed:" 
 Then the question being put, " Sustain the call or not" — it carried 
 " Not," and the Commission laid aside the call. But Mr. Andrew 
 Pringle, for the Duke of Douglas, protested, that this sentence do not 
 prejudge his Grace's right of patronage. On the Assembly, 1744, 
 finding that the jus devolutum had fallen to the Presbytery (see p. 
 65), Mr. Archd. Murray, the Duke's counsel, craved leave to pro- 
 test, in name of the said Duke, that he did not acquiese in that sen- 
 tence, and that the same hurt not his civil interest. 
 
 A call at large being now moderated, there was one in favour of 
 Mr. John Rodger, but the Duke had influence enough to get one 
 also in favour of his presentee, Mr. Nimmo, and both calls came be- 
 fore the Assembly 1745, whose decision (delaying the esse till next 
 year) will be found at ji. 71. When the Assembly 1746 came round, 
 circumstances were not found to be materially altered. There ap- 
 peared for Mr. Rodger's friends, Mr. Joseph Williamson, and for the 
 Duke cf Douglas and Mr. Nimmo's friends, Messrs. Arch. Murray, 
 Alexander Lockhart and Andrew Pringle. The former represented 
 in their petition, " that the parish has now been vacant for many 
 years, occasioned at first by the embarrassment of a presentation in 
 favour of Mr. William Nimmo, sometime schoolmaster at Lanark ; 
 but as the patron's right was liable to just objections, as there was no 
 regular acceptance nor the presentee qualified according to law, it was 
 at last determined by the last resort, not to sustain the call and presen- 
 tation ; that the Assembly, 1744, appointed the Presbytery to proceed 
 to B moderation at large, having unanimously found the jms devolutum 
 to have fallen into the Presbytery's hands. That at the moderation, 
 a vast majority of all concerned appeared for ?*Ir. Rodger, but his 
 Grace the Duke of Douglas, the alleged patron, protested that he 
 should not he liable in payment of stipend if atiy other but Mr. Nimmo 
 was settled. Since last year, his Grace has taken no methods to re- 
 
NOTES ON DISPUTED SETTLEMENTS. 359 
 
 lieve the parish, though some opportunities occurred." Nimmo's call 
 was sustained without a vote (see p. 90. ) 
 
 Kirkcowan, 1744. — The leading facts will he seen at p. 63, 64. 
 " It was alleged that Mr. Vans' right of patronage is at least very 
 doubtful, and though his right were unquestionably good otherwise, 
 yet, in this instance, his exercing that right is illegal, in respect, he 
 did not qualify at or before granting the presentation, in terms of 
 law." Tlie Assembly's sentence passed without a vote. 
 
 Rain, 1744 (p. 64). — There was a presentation by the crown to 
 Mr. Mair of Forbes. The Presbytery found that as Mr. Mair wag 
 a settled minister, and as no other person had been presented within 
 the six months since the vacancy, the jus devolutum did take place by 
 virtue of the Act 1719,* against which sentence Mr. Pelrie, Advocate 
 in Aberdeen, appealed in name of the crown to the Synod. In the 
 mean time, the Presbytery moderated and sustained a call signed by 
 a majority of heritors, an equality of the elders, and a majority of 
 the people in favour of Mr. James Macwilliam — which was also ap- 
 pealed against. The Synod took up both appeals at once, deciding 
 the case in cumulo, and reversed the sentence of the Presbytery. 
 When it came before the Assembly, there appeared along with the 
 Presbytery Mr. Joseph Williamson as their counsel, — also. Lord 
 Drummore, an heritor of the parish. The Assembly without a vote 
 affirmed the Synod's sentence. 
 
 Parian, 1744 (p. 65). — This case was referred to the Commission, 
 who disposed of it in May, 1744, by reversing the judgments of the 
 Presbytery and Synod, and preferring the call to Mr. Crockat. Mr. 
 Clark's call was merely notorial. 
 
 Lochbroom, 1744. — As the Gairloch Presbytery did not obey the 
 injunctions of the Assembly (as given in p. 62,) the Earl of Cromar- 
 ty complained to the November Commission, who appointed the 
 ministers of the Presbyteries of Tain and Dingwall, or any five of 
 them to meet at Lochearron on the first Wednesday of March, (1745,) 
 and begin to take steps towards Mr. Robertson's settlement. 
 
 .Dundee, 1744-45. The Presbytery had, nem. con. sustained a call 
 of the magistrates, heritors and elders, to Mr. John Gellatly of For- 
 gan. Others of the town had, before a notary public, signed a call 
 to Mr. John Ballingall of Cupar- Fife. The Commission of March, 
 1745, found itself competent to take up the case and sustained Mr. 
 Gellatly's call ; the supporters of the other did not even go into the 
 merits. 
 
 South Uist, 1745-46. — The outline of this curious case will be 
 seen at pp. 73, 91. The person who appeared for the Presbytery at 
 the Assembly 1745, was Mr. William M'Leod, minister of Barra. 
 
 * The Presbytery of Garioch were not singular in giving so liberal an in- 
 terpretJition to the Act 5, Geo. I. 28. lodeed, many good men in those 
 days seemed to view it as almost equivalent to the abolition of patronage. 
 
360 APPENDIX. 
 
 There was read, a letter from Lady Clanranald, and some other Pro- 
 testants in South Uist complaining of the Presbytery's conduct; as 
 also a letter from the Presbytery describing the situation of the said 
 parish, its extent and number of Papists there, with the necessity of 
 having a well qualified person skilled in the Popish controversies 
 settled therein, " which they say Mr. Neil M'Leod is not." The 
 Presbytery having been appointed to take him on trials, reported to 
 the November Commission that they had done so and found him un- 
 qualified, but recommended him to be employed in some other place. 
 The case came again before the Commission in March, (1746,) by 
 complaint from Lady Clanranald. A doubt was expressed by the 
 Commission, whether the Presbytery of Skye had got instruction of 
 their appointment to meet with that of Uist ; a letter was ordered to 
 be written to them to ascertain that fact, and the case referred to 
 next Assembly. The final disposal of the case there, will be seen at 
 p. 91. 
 
 Curtachy, 1746 (p. 88) — This was another singular case. It arose 
 out of the Rebellion. " The Earl of Airlie did not use his right, but 
 suffered the jus devohtum. His Lordship and others possessed of the 
 whole landed interest in property or superiority, signified to the Pres- 
 bytery their wish for Mr. Wm. Brown (a young man who had lately 
 distinguished himself for his loyalty to the government). There was 
 opposition from several elders and heads of families, who had petition- 
 ed in favour of Mr. Alexander Badenoch, schoolmaster at Blair- 
 gowrie ; yet the Presbytery, as it was notorious that the bulk of these 
 were disaffected, and concerned in the late unnatural rebellion, 
 thought it their duty agreeable to the rule laid down in the Directory 
 1649, to provide the parish with a minister theinselves, and, accord- 
 ingly gave their Presbyterial call and presentation to Mr. Brown. 
 The Synod reversed this judgment. When the case came before the 
 Assembly 1746, Mr. Joseph Williamson appeared for Mr. Brown, 
 and Mr. Archibald Murray for his opponents. It was said that the 
 opposition to Mr. B.'s settlement was principally owing "to his re- 
 markable appearance for the government's service in that part of the 
 country." The Assembly's sentence (p. 88) was unanimous. 
 
 Mr. Brown afterwards went to Holland as minister of the Eng- 
 lish Church at Utrecht, whence, in 1757, he was translated to the 
 Professorship of Ecclesiastical History in the University of St. 
 Andrews, but not till after a harrassing process affecting his moral 
 character, which ended in his acquittal. He was father of the late 
 Principal Broicn oi Aberdeen. 
 
 JSahnaclellan, 1747* (p. 100, 101) — The charge against Mr. 
 Mackie was " his being guilty of indecent behaviour with one Mar- 
 garet M'Dowall." For the Appellants, compeared Mr. Joseph Wil- 
 liamson, for the Respondents, Messrs. Archd. Murray and Alex. 
 Lockhart. " The Moderator signified from the chair, how much the 
 
 * Under date of this year, the reader will find a variety of " Notes on 
 disputed settlements" from Mr. Whighanis evidence before the Commons' 
 Committee on Patronage. 
 
NOTES ON DISPUTED SETTLEMENTS. 361 
 
 Assembly were dissatisfied with the libellers and appellants for their 
 injurious treatment of Mr. Mackie and their litigious beliaviour." 
 
 Govan, 1747 (pp. 102, 106). — There appeared for tlie University, 
 Mr. Joseph Williamson, with Professors Leechman and Dunlop, and 
 Sir John Maxwell, Rector of the University, and an heritor in the 
 parish. For the Respondents, IMessrs. Archd. Murray and Alex. 
 Lockhart. The Commission of November gave out to Thorn his 
 ordination trials; and Mr. Currie of East Monkland, Moderator of 
 the Synod being present, the appointment of the ordination (p. 106) 
 was signified to him that he might summon the Synod. 
 
 Bedrule, 1747, (p. 102) — There were competing calls — one to Mr. 
 Geo. Dickson (supported by the Marquis of Lothian); the other to 
 Mr. Archd. Wallace. The Commission of August, 1747, preferred 
 the former. 
 
 Abbey Parish, Paisley, 1748 (p. 113) — This case was remarkable 
 for the rejection of the presentee, very much on account of suspicions 
 oi Jacobitism, and also for a civil action raised by the patron, but ap- 
 parently not persisted in, similar to those of Culross and Lanark. 
 
 " Soon after the second minister's charge in the Abbey Church be- 
 came vacant, a presentation was expede in favour of Mr. Camp- 
 bell. His call was moderated, and signed by 29 heritors and elders 
 — to whom 10 heritors afterwards acceded. The Synod unanimous- 
 ly found, that considering the objections against tiie validity of the 
 presentation and call, they could not appoint the Presbytery to pro- 
 ceed to Mr. C.'s settlement." At the Assembly, there appeared for 
 the Appellants, Messrs. Alex. Lockhart and Josepii Williamson ; for 
 the Respondents, Lord Ross and others, with Messrs. Archd. Murray 
 and James Livingston as their counsel j for the Synod and Presbytery, 
 Mr. Robert Paton of Renfrew. 
 
 In refutation of the charge of disloyalty, Mr. Campbell appealed 
 to the evidence of his schoolmaster ! " Tliere was read (so the re- 
 cord gravely narrates) a letter from Mr. Andrew Cornfute, late as- 
 sistant in the grammar-SLhool at Perth, now schoolmaster at Dun- 
 keld, addressed to Mr. John Nibhet, writer in Edinburgh, containing 
 an account of the said Mr. Campbell's regular conduct and good be- 
 haviour while a scholar in the school of Perth, when no signs of dis- 
 loyalty or disaffection to the governmtnt appeared, nor was he then in 
 the least suspected thereof. There was also read and given in by a 
 member an extract from the Records of the Presbytery of Dalkeith, 
 containing their inquiry into a certain fact reported, touching Mr. 
 Campbell's behaviour during the late rebellion, and while he was upon 
 trials before that Presbytery, wliich they found to be altogether in 
 his justification." Comp. p. 296, 
 
 In consequence of the Assembly's sentence, rejecting his call (p. 
 113), there was produced, at the November Commission, a copy of a 
 summons raised at the instance of Hugh Crawford, W. S., as patron of 
 the parish, against the Presbytery of Paisley, to appear before the 
 Court of Session as defenders in a declarator of his right of patronage, 
 and other conclusions therein mentioned, respecting the stipend of the 
 second minister, alleged to be at his disposal aspatron-^by which sura- 
 
 2 H 
 
362 APPENDIX. 
 
 mons it is intended to interrupt the Presbytery from moderatihg in a 
 call at large, notwithstanding the express appointment of last Assem- 
 bly. The Commission, judging the same to be matter of public con- 
 cern, appointed the Procurator and Agent to appear in defence of the 
 Presbytery's right. — The Assembly Record contains no farther re- 
 ference to this action, which appears to have been dropt. 
 
 Cockhurnspath, 1748 (p. 114). — This case presents the appearance 
 of the rejection of a Crown presentation by the Assembly; but it 
 strikes me, that either the patronage must have been doubtful, or the 
 jus had devolved on the Presbytery. A petition was presented from 
 his Majesty's advocate, and from certain heritors and others, callers of 
 Mr. Geo. Baiilie, stating that he had received a ])resentation from 
 the Crown, with wliich the most considerable heritors of the parish 
 concurred, — that notwithstanding the Presbytery did first appoint a 
 moderation at large, and then sustain a call to IMr. Spence. The 
 counsel for the appellants were Messrs. Archd. Murray and Charles 
 Hamilton Gordon ; for the respondents, Mr. Joseph AVilliamson. — 
 Mr. Spence's call was sustained hy a very great majority. 
 
 Culross, 1748-51. — There is nothing material to be added to the 
 full account we have given of this case at pp. 1.33 — 141. At the 
 Assembly of 1748, there appeared Mr. Cochran, the patron, with 
 Messrs. Archd. Murray and Charles Hamilton Gordon, as his coun- 
 sel ; and for the respondents, Mr. Henry Hardy, of Culross, with Mr. 
 Joseph Williamson, as counsel. The Assembly's decision was unani- 
 mous. 
 
 The following is the statement of the procedure of the Assembly 
 1749, and its Commission, extracted from the written Records: — 
 " The Assembly agreed to continue the appointment of the commit- 
 tee (to converse with Mr. Cochran, see p. 137), and empower the 
 Commission to receive the Report, and to take it in and judge of the 
 case or not, as they shall find reasonable." The Commission did not 
 enter on the case until March 1750; and from their Record it ap- 
 pears that " the Committee for Bills had found that the presentation 
 l)y Mr. Cochran to Mr. Trotter, with the call to him, on which Mr. 
 Cochran founded his petition, being both the same that were before 
 the General Assembly 1748. when judgment was then past, it was in- 
 competent for the petitioner thereafter to insist thereon in a process 
 before the Presbytery or Synod — for which reason the Committee had 
 refused to transmit the petition. — The Commission agreed to waive 
 the consideration of the question, how far the Committee for Bills of 
 the last Assembly did right or wrong in refusing to transmit Mr. 
 Cochran's petition ; and having considered the merits of the case, and 
 reasoned thereon at full length, the Commission did unanimously aflfirm 
 the sentences of the Presbytery and Synod, in moderating and sustain- 
 ing a call to Mr. Stoddart." — To the notice of Mr. Stoddart at p. 
 141, it may be here added that he died at Kirkintilloch, on the 21st 
 December, 1773. 
 
 Lanark, 1749 — 1752. — To the ample account of the case at p. 169, 
 et seqq. we add the following particulars, gleaned from various 
 sources: — At the x^ssembly 1749, there appeared for the town of 
 
NOTES ON DISPUTED SETTLEMENTS. 36^ 
 
 ZsS^rrtXtoXrol^^^^^ oH^Jn^a. gran. a„d progress i. 
 
 tuToned for L/almost the whole parish." They also co-pla.ned that 
 thl Synod had not only affirmed the Presbytery's sentence but^e- 
 fused to enter upon the consideration of a memorial for the Crown 
 
 patronage of the parish church of Lanark. -The Assembly 
 ''°M'Z\:Zwy naSfwhere the .ccUri.stical par, of .he case was 
 
 was that ^'hoth% great majority of all ranks in the pansh gave 
 TheiV votes for the CroL's presentee, yet the Presbytery sustained the 
 
 sd6l"ut^r™tL''f^?ha;;Ssr:cr 
 
 o| tne necessity the execution of their sentences, and to beg 
 
 trrt:^sris^rroron'sre':^c.ua, measures for sec^nn, access 
 to the church and manse of Lanark, to the Kev Jlr. "''^\'""-' 
 l,rdarnea minister of said parish. Their Lordsh.ps undertook .0 do 
 
 SO. 
 
 Methven, 1749-50.-The presentee here was ^^•■- Os^^]^' ^^'^^ 
 n^inister of Dunnet, in Caithness.-better known afe-da^^t^^^^ 
 author of the " Appeal to Common Sense. J'^%\''' ^^^^'^^^^^^^^^ 
 Presbytery, which was appealed to the Assembly 1749, was to delay 
 2 H 2 
 
364 APPENDIX. 
 
 their decision till next meeting, that the parish might have more time 
 to deliberate in their conduct." The counsel for the patron, &c., were 
 Messrs. Archd. Murray and Joseph Williamson ; and for the respon- 
 dents, Mr. James Livingston. — The Assembly's sentence will be seen 
 at p. 155. 
 
 After the moderation of a call the Presbytery refused to sustain it, 
 and the case came before the Commission in November, when the call 
 wassustained by a great majority, the only opposition (it was alleged) 
 being by one heritor and some elders. 
 
 The Presbytery, however, delayed to give effect to the Commis- 
 sion's sentence; and, on the 28th February (1750), a vote was stated, 
 " Proceed to execute the Commission's sentence," or '< Report the 
 case to next Assembly, with reasons for not proceeding," and it car- 
 ried, " Report." — The case was brought by appeal before the Com- 
 mission of March 1750, who concurred with the call to Mr. Oswald, 
 and authorised the callers to prosecute the same. The decision of the 
 Assembly 1750 will be found at p. 168. 
 
 At the Commission of November 1750, Mr. John Warden, one of 
 the ministers of Perth, attended and represented the difficulties the 
 Presbytery were under with respect to the settlement. A Dissent 
 had been entered into by Mr. Archibald Stevenson, St. Madoes, and 
 adhered to by Mr. Andrew Gray, Abernethy, from the Presbytery's 
 resolution, finding difficulties. Nine ministers and nine elders of the 
 Presbytery declined having any hand in the settlement, and requested 
 the Commission to take it into their own hands. The first question 
 was, whether it should be by the Commission or Presbytery, and it 
 carried " The Commission" by a great majority. The next question 
 was, whether by the Commission in Edinburgh, or at Melhven ? and 
 it carried the latter. A committee to settle Mr. Oswald was ap- 
 pointed, consisting of 12 ministers and 2 elders, (3 to be a quorum,) 
 and " if by the rigour of the season, or any other accident, they were 
 prevented from meeting on the day appointed (Dec. 12,) they were 
 to meet on any other day they themselves should fix. (Comp. p. 185.) 
 They gave in their Report at the Commission, March 1751, stating 
 that there had met the following persons, viz., Messrs. Alexander 
 Maclaggan, Little Dunkeld ; David Scott, Auchterhouse ; Henry 
 Spence, Wemyss ; and Duncan Macfarlan, Drymen, all ministers. 
 That they had elected Mr. Maclaggan, moderator, and Mr. Macfar- 
 lan, clerk ; and that the former preached from Acts xx. 24, and ad- 
 mitted Mr. Oswald. 
 
 The same Commission called the ministers of the Perth Presby- 
 tery to account for their conduct. INIr. John Moncrieff represented 
 that he did not consider himself as under any appointment to concur 
 in the execution of the sentence, as he was a party, being an heritor 
 in the parish, and had never acted as a judge. The Commission agreed 
 to dismiss him. The question was then put as to the case of the 
 others, — " Proceed," or '• Refer to the Assembly," and it carried by 
 a considerable majority, "Proceed." They were then rebuked (p. 
 185), but the Commission " resolved to represent to the Assembly, 
 that though they had, considering all the circumstances, dismissed 
 them with a rebuke, yet they looked upon the general case of dis- 
 obedience of Presbyteries to the orders of the supreme court, to be 
 of the utmost consequence to be considered by the Assembly, that 
 
NOTES ON DISPUTED SETTLE3IENTS. 365 
 
 they may take some proper and effectual method of remedying this 
 evil." 
 
 Kennoway, 1749-50 (p. 156). — The Presbytery pretended that the 
 young man (Neil Beton) was not qualified as the law directs, and 
 that he had the Highland language; — "although," said his counsel, 
 '* a certificate of his being qualified before accepting the presentation 
 was produced, and there was no evidence that he understood Irish, 
 but quite the reverse, having left the Highlands when a boy, and he 
 had no opportunity to improve in that language since." His counsel 
 were Messrs. Williamson and Murray. The Commission of Novem- 
 ber, 1749, sustained his call by a very great majority. The Presby- 
 tery, however, still delaying, it came again before the Commission in 
 March, 1750. Mr. Beton's petition represented that " his presenta- 
 tion had been concurred with by almost the whole principal heritors, 
 some of the elders, and a good many heads of families. An opposi- 
 tion was begun by one or two of the elders, fostered by some petty 
 heritors and feuars in a neighbouring parish. When at last a call 
 was moderated in, all the principal heritors, some elders, and above 
 fifty heads uf famih'es joined in it." The Commission renewed the 
 appointment to the Presbytery to proceed to his trials and settlement. 
 The Assembly, 1750, gave a similar injunction (see p. 181,) which 
 seems to have been at length obeyed. 
 
 Rescohie, 1749 (p. 156). The counsel for the appellants were 
 Messrs. Archibald Murray and James Dundas ; for the respondents 
 (the Earl of Sirathmore, patron, and others), Joseph Williamson 
 and Andrew Pringle. The appellants alleged that the presentation 
 to Mr. Trail was granted ten months after the vacancy, and that 
 there was no concurrence except one episcopal tenant and his ser- 
 vant — whereas Mr. Hunter's call was harmonious. 
 
 Tarbat, 1750 — This case was referred to the Commission (p. 182), 
 who, in May, 1750, affirmed the Synod's sentence. 
 
 ^lloa, 1750-51 — The Presbytery of Stirling had rejected the calls, 
 both to Syme and Skirvan. The Commission of May, 1750 (see p. 
 182), preferred the former; but when the Presbytery attempted to 
 serve his edict the riotous proceedings ensued, which are detailed at 
 p. 185 note. The Presbytery reported to the November Commis- 
 sion, that '* in obedience to the sentence of the Presbytery, Mr. 
 Warden did proceed towards serving of the edict, till, at the end of 
 the town of Alloa, he, attended by some of the heritors, elders and 
 parishioners, was set upon by a lawless crew of persons, was forcibly 
 made prisoner by the said mob, and many of his attendants beat and 
 bruised to the effusion of their blood, and the edict by force taken 
 from him, &c. — that since that time, certain circumstances have oc- 
 curred hi the neighbourhood and in the parish, which make it abso- 
 lutely inconvenient for the Presbytery lo proceed." The question was 
 put, "Proceed, or Not;" it carried by a great majority " Proceed." 
 Then the Commission appointed a committee of their own number, 
 (23 ministers and 6 elders), three ministers to be a quorum, to concur 
 with the Presbytery in ordaining Mr. Syme. That committee reported 
 2 H 3 
 
366 APPENDIX. 
 
 to the Commission of March 1751, that there met on the day appointed 
 (Nov. 21st) /o«r ministers, t'jz., Messrs. Alexander Gordon, Kintore; 
 Theodore Gordon, Kinethmont ; James Allan, Eyemouth, and Jas. 
 TurnbuU, Linton ; and three elders, the Laird of Dundas, Dundas of 
 Philipston, and Robt. Mackintosh, agent for the Church ; — that there 
 were also present, Messrs. Wm. Robertson, Gladsmtiir ; IVm. Cvrrie, 
 Kinglassie ; and John Drysdale, Kirkliston ;* that they had appointed 
 INIr. Theodore Gordon, moderator, and that Mr. Alex. Gordon had 
 preached on Psal. Ixxxiv. 1, 2. It would seem from this that none 
 of the Stirling Presbytery had made their appearance at the settle- 
 ment. 
 
 Logie fin Fife J, 1750-51. — This was the moderation of a call at 
 large. When the case came before the Presbytery " there were cer- 
 tain indecencies alleged to have happened at the said moderation, by 
 some stones having been thrown at the electors, and the Presbytery in 
 consequence delayed judging the call till inquiry should be made into 
 the allegation." The Commission of March 1751 found there was no 
 ground for delay, and remitted the case to the Presbytery. It came 
 before the next Assembly (p. 215), when it appeared, that there were 
 two calls — one to Mr. Alex, Pitcairn, the other to Mr. Sam. West. 
 The friends of the former alleged that his call was signed by '* the 
 great majority of the landed interest, making a majority of proper 
 electors liable to no just objection." The Presbytery however, as 
 well as the Synod, preferred West's call, and that sentence was affirmed 
 by the Assembly. 
 
 Dundee, 1751 Certain members of the town-council gave a call 
 
 to Mr. Thomas Boston of Oxnam (son of Boston of Ettrick, and one 
 of the founders of the ♦' Relief"), which was concurred with by a 
 great majority of heads of families. But the Synod preferred a call 
 given to Mr. Gershom Carmichael of Monimail, which the Assembly 
 (p. 215) affirmed without a vote. 
 
 Cromarty, 1751-52 Urquhart of Meldrura presented Mr. Thos. 
 
 Simson, who, it was said, " had the concurrence of a great number of 
 the most substantial of the parishioners ; but the Presbytery not only 
 received a petition from a few heritors of small feus, inviting some men 
 from different parts of Scotland and England to come and preach, but 
 had moderated in a call at large, and concurred in that given to Mr. 
 James Robertson by some small feuars and elders." The Synod had 
 sustained said call, which the Assembly 1751 (p. 217) also did by a 
 great majority. By next year, however, we find Robertson off the 
 field, and a new call given to Mr. Patrick Henderson (p. 291), which 
 was contested by Urquhart of Meldrum, and the question as to the 
 right of patronage taken into the civil court (see p. 293). 
 
 * These gentlemen were no doubt present as Mr. Syrae's personal friends, 
 though Robertson (whose sister he soon after married) and Drysdale were also 
 warm supporters of the policy which effected his settlement. If this was the 
 case too with Currie, he was a very different man from his father, who was 
 long one of the leaders on the popular side. The son had been ordained his 
 assistant and successor on March 13th, 1750. 
 
CASES OF TRANSPORTATION. 367 
 
 Irvine, 1752 (p. 218). — The only point in dispute here was as to 
 the effect of a clause in the presentation granted by Lord Eglinton to 
 Mr. Bannatyne of Kilmorie, in Arran. Thecomplainers in the Pres- 
 bytery were Messrs. Alex. Smith, Cumbray, and John Witherspoon, 
 Beith (afterwards of Paisley) ; and the clause they objected to was 
 the following: — " Reserving always to us, our heirs and successors, 
 what part and portion of the tythes, parsonage and vicarage and others, 
 of the same foresaid parish shall be found to be over and above the 
 stipend modified and localled to the minister." The Assembly " hav- 
 ing heard the opinion of honourable members learned in the law, that 
 the clause in the presentation objected to does not preclude the minis- 
 ter from pursuing for an augmentation of stipend, if there be ground 
 for it ; and that there is nothing reserved by it but what the law itself 
 reserves, — therefore dismiss the complaint." 
 
 Torphichen, 1750-51. — We have presented a full report of this case 
 at its different stages (see pp. 156, 181, 198); but as it was the last 
 case where a riding-committee was appointed, we here give, as a curi- 
 osity, the names of those who composed it (see p. 209) : — George 
 Logan, Edinburgh ; John Jardine, Edinburgh ; Hugh Blair, Canon- 
 gate ; Patrick Simson, Falla ; Wm. Robertson, Gladsmuir; J. Bar- 
 clay, Moreham ; John Hume (Home), Athelstaneford ; John Baird, 
 Stobo ; Wm. Anderson, Manor ; John Buchanan, Covington ; Ber- 
 nard Haldane, Glenholm; Matthew Reid, Preston-kirk; George Rid- 
 path, Stitchel ; Wm. Steel, Dalserf, ministers : and the Lord Provost 
 of Edinburgh (George Drummond), Mr. Joseph Williamson, Mr. 
 Solicitor-General Haldane, and Dundas of Philipston, elders — Jive 
 to be a quorum, and of these three to be ministers. — Mr. Wm. Robert- 
 son of Gladsmuir to preach and preside, and the Moderator of the 
 Linlithgow Presbytery to moderate in the meeting, and in his absence 
 the said Mr. Wm. Robertson. The Moderator of the Presbytery is 
 farther enjoined to call a meeting of Presbytery, who shall appoint 
 one to preach at Torphichen either of the two next Lord's days, and 
 the person so appointed shall intimate from the pulpit this meeting 
 for the ordination ; but in case such intimation shall be neglected, it 
 is herel)y declared that this shall be no bar in the way of the com- 
 mittee proceeding by themselves, or in concurrence with the Presby- 
 tery." 
 
 VIII — Cases of Transportation. 
 
 Dalgety and Stirling^ 1739-40 At the Commissio.n of March 
 
 1739 was heard the Appeal by the town and parish of Stirling against 
 the unanimous judgment of the Presbytery of Dunfermline, refusing 
 to transport Mr. James Bathgate, Dalgety, to be one of the three 
 ministers of Stirling. The reasons assigned for the transportation 
 were — 1st, That Stirling, as a Royal Burgh, was entitled to call a 
 minister from any landward parish. 2d, The unanimity of the call. 
 3d, That Mr. B.'s transportation would prove an effectual mean to 
 sopite (j. e. allay) their lamentable divisions occasioned by the Seces- 
 sion. " Mr. B. was then called on to declare himself, which he did 
 (says the Mercury) in a moving and elegant strain, importing his ar- 
 dent love and affection for the parish of Dalgety, and the reciprocal 
 
368 APPENDIX. 
 
 return made by his flock ; and as from his youth and inexperience, he 
 could not expect an equal success in the fatally-divided parish of Stir- 
 ling — if ever it should be the judgment of the Commission to trans- 
 port him, he could not bring himself to the resolution of ohtempering. 
 Hereupon the moderator appointed the Rev. Mr. Matthison to pray 
 for light and direction ; which done, it was argued, that however hard 
 Mr. Bathgate's case might seem, yet as not only parishes but whole 
 counties had been violented, particularly in the North, soon after the 
 Revolution, they might also for once violent the parish of Dalgety, and 
 Mr. Bathgate too propter majus honum Ecclesice. The question was 
 then put, * Transport' or ' Not ;'' and it carried * Transport,' by a vast 
 majority. Mr. Bathgate's admission at Stirling was fixed for the last 
 Wednesday of April, and the church of Dalgety to be declared vacant 
 the first Sabbath of May next. The parishioners of Dalgety having 
 protested against the sentence, Mr. Bathgate adhered, and ' it is said, 
 persists in his resolution not to obtemper the sentence of the Com- 
 mission ; and we hear, even declines to meet the committee appointed 
 to treaty him into obedience.'" — Caledonian Mercury of Thursday, 
 March 15, 1739. 
 
 The case came before the Assembly 1739, Messrs. James Graham, 
 jun. and Archibald Murray being counsel for the parish of Dalgety, 
 and Mr. Patrick Haldane for the town of Stirling. The decision 
 will be found at p. 10. 
 
 When the Commission met in August, Erskine of Grange appear- 
 ed for the town of Stirling. A letter was read from Mr. Bathgate 
 bearing that he could not attend that meeting by reason of bodily in- 
 disposition, and craving to be reponed to his former charge of Dalgety. 
 But the Commission declared both parishes vacant, and summoned 
 Mr. Bathgate to next Assembly, leaving it to them to inflict the pro- 
 per sentence — Seep. 21. 
 
 The matter ended in Mr. Bathgate being allowed to resume his 
 ministry at Dalgety, where he continued for many years. Frequent 
 mention will be found made of him in the account of the settlement 
 of Inverkcithing, where he uniformly acted with the moderate party 
 in the Presbytery. 
 
 Tulliallan and Cnlross, 1739-40.— The Commission of May 1739 
 sustained a call to Mr. Thomas Turner, from the parish of Culross 
 (see above, p. 348). Mr. Turner, however, declined it, and the Pres- 
 bytery of Dumblane refused to transport him. The case came before 
 the Commission of May 1740, where Mr. T. " signified i»is great 
 aversion to the transportation from Tulliallan." A vote was taken, 
 — Transport, 37 — Not transport, 40. He soon after went to one of 
 the charges in Stirling, Dr. Macqueen (formerly of Dalziel, after- 
 wards of Edinburgh) being his colleague. It was a sphere of great 
 diflSculty and responsibility, in consequence of the recent Secession of 
 Mr. Ebenezer Erskine. 
 
 Kinairnie and Rathen, 1741 (see p. 24). — This was rather a singular 
 case, arising out of the zeal of achurch-court to prevent the suppression 
 of a parish. The parish of Rathen becoming vacant. Lord Salton, pa- 
 tron, the whole heritors and parishioners, expressed a desire for Mr Geo. 
 Largue, minister of Kinairnie, but the Presbytery refused to moderate 
 
CASES OP TRANSPORTATION. 369 
 
 in a call to him, or allow him to be so much as on the leet. This 
 was reversed by the Synod ; and *' the Presbytery," says the A/ercwry, 
 "thought it prudent to appeal." The reasons of tiie appeal were 
 founded on a decree of the Court of Session, suppressing the parish 
 of Kinairnie on the death or transportation of Mr. Largue, and the 
 Presbytery imagined tiiat his transportation would anticipate the evil 
 day. But the Assembly (1741) judged their conduct so contrary to 
 all good rules — to the natural rights of mankind — and to the parti- 
 cular right of the parish of Ratlien, that they unanimously affirmed 
 the Synod's sentence, and ordered the Moderator to express to the 
 Presbytery their dissatisfaction with their conduct, in taking the said 
 appeal upon such frivolous pretexts. They, moreover, ordered them 
 to proceed to Mr. Largue's transportation cum periculo. — The reader 
 may compare the case of Dingwall, at p. 351, above. 
 
 Larhert and Leith, 1740. — Mr. Aitken's call to South Leith having 
 been sustained (see p. 18), a discussion arose as to the grounds of his 
 transportation. " The only argument," says the Mercury, " for keep- 
 ing him at Larbert, was that that parish stood more in hazard of be- 
 ing swallowed up (though not so near the sea as Leith) by the in- 
 fluence of the apostate preachers and their adherents." — After prayer 
 for light and direction (the invariable practice in those days in cases 
 of disputed transportations), it was agreed to transport Mr. A. to 
 Leith. 
 
 D ah i el and Stirling, 1740. — The Presbytery of Hamilton refused 
 to transport Mr. Daniel M' Queen from Dalziel, to be second minister 
 of Stirling. But the Commission of November 1740 reversed the 
 sentence by a very great majority, and ordered his admission to Stir- 
 ling on or before the 28th January, 1741. 
 
 Dingwall and Inverness, 1742 — The circumstances attending the 
 transportation of Mr. Murdoch M'Kenzie from Contin to Dingwall 
 will be found among the '• Notes on Disputed Settlements," at p. 
 351. When his call to Inverness came before the Assembly 1742, 
 he signified his desire to be continued at Dingwall, but it carried 
 " Transport." He still found difficulties in his way, in consequence 
 of which the Assembly appointed a committee to confer with him — 
 ordered letters to be written to the magistrates and Presbytery, &c. 
 He was ultimately settled at Inverness, where he remained till his 
 death. 
 
 Vig and DuriJiish, 1742. — Mr. John M'Leod's transportation to 
 Durinish was for some time opposed by Colin M'Kenzie, factor for 
 M'Kenzie of Fortrose, sole heritor in Uig, but at the Assembly 1742, 
 his Commissioner represented " that though that parish had a great 
 regard to Mr. J. M'Leod, minister thereof, yet it does not now oppose 
 his settlement at Durinish." And he was settled accordingly. 
 
 Largo, Falkirk, and Canongaie, 174:2. — Mr. Ferrier of Largo re- 
 ceived calls both to Falkirk and Canongate ; and they were both 
 sustained by the Assembly, 1742 (see pp. 355, 356). The Presby- 
 tery of St. Andrews however continued him at Largo, refusing to 
 
370 APPENDIX. 
 
 transport him either to Falkirk or Canongate. The Synod first, and 
 then the Commission of November, 1742, affirmed the decision. 
 
 Johnston and Moffat, 1742 — Mr Nimmo's call to the latter place 
 was sustained by the Commission of November, 1742 (see p. 357), 
 but his transportation was opposed by the parishioners of Johnston. 
 The question came by reference before the Commission of March, 
 1743 — where it was doubted whether the Commission had power to 
 judge in the case. A vote was stated, " Take in the reference," or 
 "Not;" — it carried "Take in." Then the question was put, 
 " Transport," or " Not," — and it carried " Not." 
 
 Dalrymple and Falkirk, 1743. — The Presbytery of Ayr refused to 
 transport Mr. Adams from the former to the latter parish. The case 
 came before the November Commission, 1743, when Mr. Harry 
 Home (afterwards Lord Kames) appeared as counsel for the Earl of 
 Kilmarnock, and other heritors of Falkirk, who prosecuted the trans- 
 lation. It was objected that the Commission could not take it in as 
 it had not been before the Synod, but this was over-ruled without a 
 vote. And it was then carried, nem. con. to transport him. Mr. 
 Adams was elected Moderator of next Assembly, (1744,) at which 
 time he was still at Dalrymple, but by next year he had removed to 
 Falkirk. 
 
 Avoch and Tain, 1750. — The magistrates, and town-councillors, 
 heritors, elders, and heads of families of the town and parish of 
 Tain, represented to the Assembly of 1750, " that sometime after the 
 vacancy in said parish, some fruitless attempts had been made to 
 bring about the settlement of two, — one of them a settled minister, 
 and the other a young man, concerning whom the parish was very 
 much divided. At length, both parlies not knowing of one another's 
 schemes, agreed that the Rev. Mr. Alex. Fraser of Avoch was every 
 way well qualified for supplying a charge of such importance. They 
 urged at length, that there could be no comparison between the im- 
 portance of the cliarges." IMr. Fraser wished to be allowed tore- 
 main at Avoch, — and the question carried, " Not Transport." 
 
 IX. — Documents relating to the Augmentation Scheme. 
 1. Case of the Scots Clergy. 
 
 The following is an abstract of a paper delivered to the members of 
 the House of Commons, entitltd, The case of the Commissioners 
 from the General Assembly of the Church of Scotland, petitioners, 
 May-^X, 1751. (Comp. p. 190.) 
 
 In this paper a short account is given of the proceedings of the 
 Assembly, 1750, in relation to the Augmentation-Scheme, of the pro- 
 ceedings of the Mid-Lothian committee, and of the petitions present- 
 ed to the Commons hinc inde. It is in particular, inter alia, narrated. 
 That in the Assembly 1750, it was resolved, without a division, " to 
 apply to Parliament, representing the distressed circumstances of many 
 ministers of this Church by reason of the smallness of their stipends ; and 
 praying for such relief as they in their wisdom shall think meet ;" that a 
 
CASE OF THE SCOTS CLERGY. 371 
 
 committee was appointed to prepare a plan of the method in which 
 the affair was to be conducted ; that the Assembly, without a divi- 
 sion, approved of all the articles in the report of this committee, ex- 
 cept the last, viz. " That there should be no proposals made as to 
 any alteration of the minimum," in place of which the following 
 clause was proposed, viz. " Most humbly to pray for relief in the 
 premises, and such further relief as to his iNIajosty and the two Houses 
 of Parliament shall, in their great wisdom, seem meet ;" and, upon a 
 division, carried by a great majority ; that from this resolution, re- 
 jecting the last article, and admitting the above mentioned clause in 
 place of it, the Lord Napier entered his dissent* ; to which the Lords 
 Justice-Clerk, Advocate, President, and Shewalton, Mr. Robert 
 Dundas, and several other members, adhered; that the four Hon. • 
 persons first named as members adhering to the dissent entered by 
 the Lord Napier from the resolution concerning the minimum, to- 
 gether with the Marquis of Lolhian, and Robert Dundas, Esq., had 
 been members of the aforesaid committee, and in that committee had 
 proposed or agreed to the four first articles of their report being made 
 the subject of an application to Parliament; that upon the faith of 
 that encouragement the Assembly resolved expressly to apply for re- 
 lief in these four first articles, in confidence that in these they would not 
 be opposed, but have the aid and concurrence of the landed interest ; 
 but that as to the last article, concerning the minimum, they did not 
 make it a part of their express resolution, it being only declared to be 
 understood, that by the words, such further relief, the Commissioners 
 might apply for an increase of the minimum ; that the Commissioners 
 being thus left at liberty to apply for the increase of the minimum, 
 or not, according to their views of succeeding, they had altogether 
 waived it in their petition ; that tlie Mid-Lothian committee, in their 
 advertisement soliciting subscriptions give notice, that they had " em- 
 powered Andrew Chalmer, their clerk and agent, to receive the vo- 
 luntary subscriptions of, and grant receipts for the money which 
 should be paid by all land-owners who should think this matter of the 
 scheme for augmentation of stipends merited their attention;" that 
 neither in the instructions from the county of Edinburgh itself, nor 
 in those from any of the other counties, is there one word directed 
 against any of the aforesaid four articles, upon which there was no 
 division or diversity of opinion in the Assembly, but that all these 
 instructions were levelled singly against the last article, which had 
 been the sole point in dispute, and occasion of the dissent, namely, 
 the augmentation of the minimum; that accordingly the Mid-Lothian 
 comiTiittee applied themselves with great diligence to collect materials 
 for maintaining their opposition against that article, and caused these 
 materials be printed in a book, of 320 pages 4to, entitled, A collection 
 of all the papers published in relation to the scheme for augmenting the 
 stipends, §'c, ; that the last piece in this collection, is a pamphlet, or 
 argument, summing up the evidence upon this sole contested article, 
 
 * The Reasons of Dissent will he found in the Scots Magazine for 1750, 
 pp. 224, 285, and the Answers by the Committee of Assembly at pp. 401, 
 514, but they are too long for insertion. They were both published separ- 
 ately with introductions, the motto of the landed interest being " Pro Fo- 
 ds," and of the Clergy, «« Pro Aris et Focis." 
 
372 APPENDIX. 
 
 under the title of, An impartial account of the scheme for aug- 
 menting the livings of the Scots clergy ; that before this printed collec- 
 tion, or any of the members of the Mid-Lothian committee arrived 
 at London, the scheme of applying for an augmentation of the mini- 
 mum had been given up by the Commissioners, of which notice was 
 given to the members of the Mid-Lothian committee as soon as they 
 arrived ; that further, the Commissioners having learned from several 
 members of Parliament, that the second* and the lastf of the four 
 articles, were not judged to be expedient or necessary to be proceeded 
 upon, had resolved to insist for relief in the first| and the third || only ; 
 that notwithstanding all this, to the great surprise and concern of the 
 Commissioners, the Mid-Lothian committee had been pleased to set 
 themselves in opposition even to these small requests, and to present 
 a counter-petition ; and that both petitions having been referred to a 
 committee, and that committee having made their report, this pa- 
 per is offered in behalf of the original petitioners, with an intention 
 to give a short and true state of the case, and to submit the following 
 observations. 
 
 \. That the principal evidence produced for the opposers, were a 
 very learned gentleman, their own counsel, [Mr. Robert Craigie, Ad- 
 vocate], and the above mentioned Mr. Andrew Chalmer, their clerk 
 and agent ; both of whom were by the Mid-Lothian committee 
 brought from Edinburgh, after notice given, that all thoughts of ap- 
 plying for augmentation of stipends were laid aside, on purpose to 
 conduct, direct, and manage the opposition to the application made 
 by the original petitioners, as it now stands. 
 
 2. The original petitioners humbly objected, That though these 
 gentlemen, in themselves, or in indifferent cases, ought to be ad- 
 mitted as most unexceptionable witnesses ; yet they were incompetent 
 witnesses for their own clients, or employers, the Mid- Lothian com- 
 mittee : that this was a clear and settled point in the law and prac- 
 tice of Scotland, which ought to be the rule of evidence in a causeor 
 matter in either House of Parliament relating to Scotland ; and, as 
 they are advised, would be no less a competent objection by the law 
 of England. 
 
 3. The opposers have produced nothing to verify or prove the al- 
 legations of their petition. That they are Commissioned, either by the 
 county of Edinburgh, or any other county in Scotland, to oppose the 
 articles in the petition that has been offered to Parliament by the 
 Commissioners from the General Assembly. For, as it has been al- 
 ready observed, all their instructions are confined to the scheme for 
 augmentation of stipends, or of the minimum j concerning which there 
 is not a word in the said petition: neither have they brought one 
 tittle of evidence, that the Parliament's granting relief in the first and 
 
 ♦ For empowering Presbyteries to pursue for modification, locality, or 
 augmentation. 
 
 + For empowering the Commission of teinds to suppress, and to alter the 
 divisions of parishes. 
 
 I For making a general citation by the parish-clerk from his desk a suf- 
 ficient summons. 
 
 II For makiog stipends, if not paid within the year, to bear interest from 
 the first half-year after they became due. 
 
CASE OF THE SCOTS CLERGY. 373 
 
 third articles above mentioned, will greatly alarm the viinds and dis- 
 turb the peace of the inhabitants of Scotland. 
 
 4. From the nature and merits of the case it would be unreasona- 
 ble, and is incredible, that such consequences should follow. For of 
 what importance is it to an heritor or landholder summoned by a 
 minister in such action, whether the summons shall cost the minister 
 twenty shillings, or one shilling, providing the defendant shall get 
 ample or due notice ? Or how can the peace of the country be dis- 
 turbed, if persons liable for payment of stipends, who shall be so ex- 
 tremely dilatory in the payment of the minister's maintenance, as not 
 to pay the same before the end of a full year after it becomes due, 
 should be made liable to pay interest from the end of half a year after 
 it became due ? perhaps to indemnify a poor minister who was 
 obliged to borrow money to go to market, and to afford an incitement 
 to such backward debtors to be more punctual for the sake of their 
 own interest. 
 
 5. The necessity of parliamentary relief in the first article, relating 
 to the summons, appears from an Act of Parliament K. James V. 
 of Scotland, anno 1540, chap. 75, entitled. The order of summoning 
 allpersons m civil actions, which settles the method that the opposers' 
 own evidence have proved to have been constantly practised in the 
 court of tithes ever since the union, when the Lords of Session were 
 vested wiih the powers of that court : and they have also proved the 
 great expense with which that method of summons must in many 
 cases be attended ; especially in those of the poorer ministers in the 
 highlands and other remote counties. 
 
 It has been objected, That actions for settling or augmenting stip- 
 ends are not civil actions ; and therefore the method of summons 
 does not fall under the statute 1540, and may be regulated by orders 
 of the court of Commissioners of tithes itself, without the aid of Par- 
 liament. 
 
 Answered, 1. It is true, that the learned counsel for the opposers 
 has assigned certain reasons for his opinion, that such actions for 
 stipends are not civil actions ; the meaning and validity of which rea- 
 sons the petitioners shall submit to consideration, without any parti- 
 cular remarks. But Mr. Chalmer, their clerk and agent, and other 
 witness, has given a different opinion from their learned counsel ; 
 and has said plainly, that a process for modifying or augmenting a 
 stipend before the court of justice established by law for that purpose, 
 is an action, and a civil action, not being a criminal action. And if 
 so, it is not in the power of the Court of Session to repeal or alter 
 an Act of Parliament. And when this first article was reported as 
 the opinion of the committee of the Assembly 1750, it was done upon 
 the proposition, or with the approbation of the Lord President of 
 that court, of the Lord Justice-Clerk, and of two other judges of that 
 court, who were all members of that committee, and concurring in 
 that opinion. But, 2. If the court had power to make such regu- 
 lation as is now prayed, and were also so minded, the same court 
 could alter it again at pleasure ; so that the Parliament alone can 
 in this case give effectual relief. 
 
 It has been also objected, That although these two articles appear 
 to be of small consequence, and cannot bring six-pence prejudice to 
 any heritor or land-owner in Scotland, other than such as shall be 
 
 2i 
 
374 APPENDIX. 
 
 long and unjustly in arrear of paying the maintenance due by him to 
 his minister ; yet the giving any relief now to the petitioners from 
 Parliament, may encourage thera, or their successors, at some future 
 time, to make other applications to Parliament ; and therefore, the 
 more effectually to deter them from any such attempt, they ought at 
 this time to be sent away without any relief whatsoever. 
 
 Answer. The petitioners liumbly submit the justice or conclu- 
 siveness of this argument, and if it does not prove too much. It may 
 be safely left to the wisdom of Parliament, to discourage any unrea- 
 sonable applications, whenever any such shall be made ; but the pos- 
 sibility of such being hereafter oflfered, is, with great submission, no 
 good reason for the wisdom and goodness of Parliament now to deny 
 a slender and moderate request made by the representative body of 
 the Church of Scotland, in pursuance of an offer made, or of an opi- 
 nion given, in the committee of Assembly, 1750, which consisted of 
 sixteen ; and whereof one half were Lords, or landed Gentlemen, 
 who were elders ; and of these again one half were four judges, as 
 above mentioned; and one other of them, was one of the now op- 
 posers, as a member of the Mid-Lothian committee : which commit- 
 tee, though it consists of individuals of great consideration, it is hum- 
 bly hoped, that unless their objections shall appear, upon the merits 
 of the case, to be truly weighty and material, the opposition of three 
 Lords, and of three Gentlemen, will not be thought reason sufficient 
 for denying, to the body of the ministers of the Church of Scotland, 
 relief in the two articles above mentioned, that will or may be bene- 
 ficial to them, and not in the least prejudicial to any one land-owner 
 in Scotland, who is disposed to pay what he shall justly o'.ve to his 
 minister with any tolerable degree of punctuality. To all which it 
 may be added, that this application to Parliament for these two ar- 
 ticles was not only appointed by the General Assembly, 1750, with- 
 out a division, as above mentioned, but was also approved and autho- 
 rised by the last General Assembly, in like manner, without a divi- 
 sion." 
 
 2. Case of the Landed Interest. 
 Observations on the clergy of Scotland's application to Parliament. 
 
 1. By a law made in Scotland in 1617, and afterwards frequently 
 renewed between that time and 1707, (when the like powers were 
 lodfTed in the Court of Session), a Parliamentary Commission was 
 erected, which was empowered to appoint, out of the tithes of each 
 parish, perpetual local stipends to the minister of every kirk in Scot- 
 land, who they should find not provided at all, or whose provision 
 was less than the sum therein expressed. The minimum, or lowest 
 stipend of a minister, by this Act, where the tithes of the parish would 
 extend to that sum, was to be Jive chalders of victual, or 500 merks in 
 money, equal to £27 15s 6d Sterling: and the maximum, or highest 
 stipend, was to be ten chalders of victual, or 1000 merks, equal to ^655 
 lis Ig-d Sterling. And there being in 1617 many stipends which 
 exceeded that sum, they were not to be altered by the Commissioners, 
 but were to remain as they were. 
 
 2. By two Acts made in 1633, the minimum was raised to eight 
 chalders of victual, or 800 merks, equal to ^£44 8s lOf d Sterling ; 
 
CASE OF THE LANDED INTEREST. 375 
 
 except in suck particular kirhs, wherein there should be a just, reasonable, 
 and expedient cause to go beneath that quantity ; of which the Com- 
 missioners were to judge : but these, or any other law, did not 
 alter or repeal the maximum appointed by the Act of 1617. And by 
 these Acts the Commissioners were directed, ^rs^ to set a value on 
 the tithes of each parish, and after that was closed, they were to pro- 
 ceed to Jix the quantum of the minister's stipend. 
 
 Bishop Burnet, speaking of this increase of the ministers' stipends, 
 [History of his own times, vol. i. p. 10,] says, " It was raised to about 
 ^50 a-year ; which, considering the plettty, and way of living, in that 
 country, is a very liberal provision, and is equal in value to thrice that 
 sum in the southern parts of England." 
 
 It appears that this increase of the stipend was not barely the act 
 of the Legislature, but the result of a compromise extorted from the 
 proprietors of the teinds, in consequence of a proclamation which K. 
 Charles I. had issued, for annulling the Acts of Parliament which 
 confirmed their titles to the teinds. 
 
 And it appears, that there was a general valuation of the teinds 
 all over Scotland, in 1633 ; but that the records of great part of 
 those valuations antecedent to 1650, were afterwards lost by ship- 
 wreck ; and that by the burning the other records in 1702, the evi- 
 dence of the other valuations are lost. This puts the proprietors of 
 teinds under very great difficulties, and makes it very unreasonable 
 to give any farther encouragement to the clergy's instituting suits 
 against them ; it being clear from these Acts of Parliament, that 
 where the teinds have been once valued, they cannot have a high- 
 er or new value set upon them, on pretence of subsequent improve- 
 ments ; and that where a stipend has been once fixed or modified by 
 a decreet, it is not liable to be raised or altered by any subsequent de- 
 creet on any pretence whatsoever. 
 
 3. It appears from the clergys' own accounts and proceedings, that 
 they insist, that there are only 75 stipends in Scotland which are less 
 than the legal of ^tJ44 8s lOfd ; whereas there are in England and. 
 Wales more than 1700 benefices under £20 a-year. 
 
 It is proved, that the stipends of the first 18 of these 75 benefices 
 are, in fact, above £44 8s lOfd a-year ; that the stipends of 30 others 
 are already fixed by decreets ; and that in 10 others, the ministers 
 have all the tithes of these parishes. So that of those 75 parishes 
 there are only 15 that can be affected by the expense of summoning 
 by messengers. 
 
 It also appears, that 10 of these 15 parishes have, on a medium, 
 only three heritors each; and that, instead of being deterred from 
 applying to have their stipends fixed by a decreet, two of these fifteen 
 ministers are now prosecuting suits for that purpose before the Court 
 of Session. 
 
 And it appears, that the expense of these suits, which seldom ex- 
 ceeds ^£10 each, is usually defrayed out of the public purse, belonging 
 to the clergy in general, 
 
 4. It appears, that if any of the clergy of Scotland stand in need of 
 any relief, as to the present method of summoning in modification- 
 causes, that the Court of Session have it in their power to redress it, 
 by an act of sederunt • and with respect to the particular relief the 
 clergy desire of summoning the heritors from the desk, it is liable to 
 
 2i 2 
 
376 
 
 APPENDIX. 
 
 many objections ; the law being extremely cautious, in suits in which 
 a person's freehold and inheritance is to be affected in case of his non- 
 appearance, that he ha%e the fullest notice of the process issued for 
 bringing him into court. 
 
 o. As to the complaint, that the stipends of the clergy in Scotland 
 are ill paid ; it is unsupported by any kind of evidence whatsoever ; 
 and it is proved, that the clergy are the best paid of any persons in 
 Scotland. 
 
 And it appears, that, for the expense of a few shillings, a minister, 
 as the law now stands, can, in fifteen days lime, make the arrears of 
 his stipend bear interest, 
 
 6. It is therefore humbly submitted, That the Legislature will not 
 interpose in this affair, or grant what the clergy of Scotland desire, 
 with respect to these two points ; they not having laid any case before 
 the house, to prove the proposed alteration of the law to be either 
 necessary or reasonable.* 
 
 X. Proposal to Augment the Salaries of Schoolmasters. 
 
 No sooner was the scheme agitated for augmenting the stipends of 
 the clergy, than a similar movement was made by the schoolmasters 
 in Scotland to obtain an increase of their salaries. A general meet- 
 ing of their body was held, according to advertisement, in the Mag- 
 dalen Chapel, Edinburgh, on the 1st Sept., 1748, at which the fol- 
 lowing paper was drawn up, and ordered to be published : — 
 Reasons for augmenting the salaries and other incomes of the established 
 
 schoolmasters in Scotland. 
 
 It is undeniable, that the regular and virtuous education of chil- 
 dren is an affair of vast consequence to parents, and generally the 
 greatest blessing and best portion they can possibly give them ; and 
 that consequently they are under the greatest obligations, both of 
 duty and interest, to have their children carefully educated. 
 
 The advantages of a right education are so many and valuable, 
 that no thinking person can be ignorant or insensible of the import- 
 ance of it. Every wise man, we presume, will readily own, that 
 there is nothing more excellent in itself, and more profitable to youth, 
 and consequently to society, than a suitable education. 
 
 Children, by nature, may be justly compared to rugged useless 
 blocks of marble. It is instruction that must hew them into use, 
 and polish them into beauty. Their natural abilities and good parts 
 will lie hid or buried in their own bosom, and be lost to the world 
 and to themselves, if the benefit of education come not to their relief, 
 perfect and draw them forlh into action. Knowledge and virtue, the 
 noble effects of education, lay the foundation of a glorious, useful, 
 and happy life; they accomplish and adorn human nature, enrich and 
 beautify the soul, afford counsel and comfort to the mind in every 
 condition, and qualify the man for every office and occasion in life. 
 
 * The above paper was delivered to the members as the case of the 
 landed interest. The report of the c<mimittee to whom both petitions were 
 referred, is quoted for proof of almost every thing alleged in it. Another 
 paper was likewise circulated relative to Patronage, which the reader will 
 find at p. 196, note. The keenness with which the scheme was opposed 
 may he been in the " Memorials of Oswald of Dunnikeir,^' 
 
THE SCHOOLMASTERS AUGMENTATION-SCHEME. 37? 
 
 In fine, upon education almost entirely depends, whether men shall 
 be good, wise and happy, or wicked, ignorant and unhappy. 
 
 Since then the virtuous education of youth is a thing so truly valu- 
 able, and so indispensably necessary, what a pity is it, that those who 
 are employed that way are so poorly provided for, and labour under 
 so many grievous hardships and inconveniences I That this is true, 
 will easily appear from the following considerations. 
 
 1. The salaries of teachers in country parishes are, for the most 
 part, only £5 lis l^d Sterling. Suppose, then, a schoolmaster to 
 have forty scholars, (which, considering the many different parts of 
 education he is obliged to teach, are as many as, or rather more than, 
 one man can manage), and their quarters well paid, (which from ex- 
 perience is known to be otherwise), the amount will scarcely be ^8 
 OS Sterling ; this added to the salary, makes ^13 16s 1^ Sterling; 
 and if we take into the account what he has as Session- Clerk, &c., 
 (which will not, unless in large parishes, exceed £3 Sterling, and in 
 many not the half), amounts in all to ^16 16s l^d ; a part of which 
 must go, in not a few parishes, for a house : how insufficient to main- 
 tain a single person, agreeable to his office and character, we leave to 
 every man of reason and common sense to judge. 
 
 But if we suppose a schoolmaster's family to consist of six persons, 
 by a calculation it evidently appears, that the quota for each person 
 per day does not amount to two-pence. It is hardly possible to con- 
 ceive how this can furnish them food ; and how they can procure 
 themselves clothes, is still more inconceivable. 
 
 2. Schoolmasters ought to have books, especially such as are im- 
 provements upon what they teach ; but how is it possible to suppose 
 a man can buy books, when he has scarcely wherewith to procure 
 even the necessaries of life ? though the want of such books must be 
 a very great loss to the boys under his care. 
 
 3. The employment of teaching is the most painful and laborious 
 of any employment whatever, being attended with the greatest toil, 
 arising both from the nature of their business, the various notions 
 and humours of parents, and the different tempers and capacities of 
 the boys themselves : so that it must be owned, that they who em- 
 ploy themselves in that way, with faithfulness and care, merit due re- 
 spect and reasonable encouragement. But it is the very reverse : and 
 what a shame is it to a flourishing, famed and civilized nation, that 
 men so usefully, assiduously, and so laboriously employed for their 
 country's interest, should be so much straitened in their circum- 
 stances ? 
 
 4. From the sraallness of a schoolmaster's income, he must neces- 
 sarily have a great dependence on the parents of those he teaches ; 
 and this dependence is attended with inconveniences that will easily 
 occur to any thinking person ; as the celebrated Mr. Steele observes, 
 Spectator, vol. 2. No. 168. "'Tis pity [says he] but we had a set of 
 men, polite in their behaviour, and method of teaching, who should 
 be put into a condition of being above flattering or fearing the pa- 
 rents of those they instruct." 
 
 5. It is impossible for us, upon our present small income, to main- 
 tain that influence and regard which is due to our function and cha- 
 racter. Want and poverty naturally depress our spirits, sink the 
 credit of our office with people of every rank j and, what is worst of 
 
 2i3 
 
378 APPENDIX. 
 
 all, our injunctions can never have their due weight upon the children 
 under our care, while possibly they see their master as little taken 
 notice of as the meanest in the whole parish. 
 
 These grievances are not the complaint of schoolmasters alone, but 
 even of those who are entirely disinterested in the case, and at the 
 same time men of the greatest learning, judgment, and integrity. 
 This the Rev. Dr. South takes notice of in his sermon upon the edu~ 
 cation of youth, p. 23, vol. 5, while at the same time, he expresses the 
 highest regard for schoolmasters, and reckons them among the hon- 
 ourable and most useful members of society. His words are these, 
 " The second sort of persons intrusted with the training up of youth 
 are schoolmasters. I know not how it comes to pass, that this hon- 
 ourable employment should find so little respect (as experience shews 
 it does) from too many in the world. F'or there is no profession 
 which has, or can have a greater influence upon the public. School- 
 masters have a negative upon the peace and welfare of the kingdom. 
 They are indeed the great depositories and trustees of the peace of 
 it ; as having the growing hopes and fears of the nation in their 
 hands ; for, generally, subjects are and will be such as they breed 
 them. So that I look upon an able well-principled schoolmaster as 
 one of the most meritorious subjects in any prince's dominions that 
 can be, and every school under such a master, as a seminary of loy- 
 alty, and a nursery of allegiance. 
 
 " Nay, I take schoolmasters to have a more powerful influence 
 upon the spirits of men, than preachers themselves, forasmuch as they 
 have to deal with younger and tender minds, and consequently have 
 the advantage of making the first and deepest impressions upon them ; 
 it being seldom found, that the pulpit mends what the school has 
 marred, any more than a fault in the first concoction is ever corrected 
 by the second." 
 
 The natural inference from all that has been said, is, that whereas 
 the labour of those who educate youth is so great, their business of 
 such importance, and their encouragement so small, it must appear 
 highly reasonable, that their settlements be rendered more comforta- 
 ble, by increasing their incomes, and in some manner proportioning 
 their rewards to their toils ; and it is to be hoped, that all those who 
 truly regard the interest of their country in general, and of themselves 
 and their posterity in particular, will heartily join in promoting so 
 laudable and necessary an undertaking. 
 
 As a majority of the schoolmasters of Scotland were not present on 
 the above occasion another general meeting was called, which was 
 held at Edinburgh, on the 1st of March, 1749. They unanimously 
 agreed to petition the Legislature for an augmentation of their in- 
 comes, and appointed their next general meeting to be held at Edin- 
 burgh, on the first Wednesday of September. Commissioners from 
 each Presbytery were intreated to attend, and to bring their own and 
 their brethren's proportion of the expense necessary for carrying on 
 the design, calculated at 6s. each. The schoolmasters in such Pres- 
 byteries as found it inconvenient to send Commissioners, were desired 
 to transmit their proportions to 3Ir. Gideon Crawfurd, bookseller in 
 Edinburgh. It was recommended to schoolmasters immediately to 
 apply to the ministers of their respective Presbyteries, for obtaining 
 
THE schoolmasters' AUGMENTATION-SCHEME. 37d 
 
 their countenance and assistance.* It was likewise recommended, 
 that the schoolmasters of every Presbytery should meet twice or thrice 
 a-year, to converse on the subject of education, and encourage one 
 another to diligence in the duties of their office. 
 
 Accordingly they met at Edinburgh, on the 5th Sept., and sat three 
 days. They resolved vigorously to prosecute their intended address 
 to Parliament; for which purpose a considerable sum was collected, 
 and proper steps were taken to cause deficient members pay up their 
 arrears to Mr. Crawfurd, betwixt and the 1st of November. Finding 
 that their former recommendation, to solicit proper advice and assist- 
 ance, had not been duly complied with, this meeting appointed several 
 of their number to wait upon such persons of rank and interest as 
 they could have access to, particularly members of Parliament, to beg 
 their favour and countenance; and such matters as the meeting could 
 not go through were referred to a committee of the Commissioners 
 from the Presbyteries adjacent to Edinburgh, to meet on the 6th of 
 November. It was recommended to all the schoolmasters to send up 
 to next general meeting their opinion with relation to the method of 
 teaching, so as to introduce uniformity into their schools, being sensi- 
 ble of the great inconveniences that arise from the various and imper- 
 fect methods which prevail in most places, and being no less desirous 
 of meriting than of obtaining better encouragement. 
 
 They again met on the 5th, 6th, and 7th Sept., 1750, and appointed 
 a committee of five of their number to apply to Parliament, provided 
 no opposition should be signified hy the landed interest. The preses of 
 the committee, and prime mover in the whole business, was Mr. Wm. 
 Smith, schoolmaster of Abernethy. The following is an extract from 
 the statement published by the committee, along with the scheme 
 which was to be the ground of their application to Parliament : 
 
 It is certain that our present encouragement will not procure even 
 the necessaries of life to any person, though he should live at the low- 
 est rate, being only at an average about ^11 sterling per annum, or 
 
 about 7d. a-day, which is less than the lowest mechanic can earn. 
 
 This small pittance, in most places, is to be collected from a hundred 
 different hands, which makes a sad deduction, as there will be always 
 several bad payers among such a number. Add to this the difficulty 
 of making good baptism, marriage, and other dues, which make one 
 third of the ^11. — In several places, those of the Episcopal persua- 
 sion, Seceders, &c., keep a private register, and never insert their 
 children's births in the parochial one. They also publish the banns of 
 marriage only in their own meeting-houses, and seldom emplov the 
 parish-clerk for that purpose. The consequences of this is, that when 
 the poor clerk or schoolmaster demands his dues, they answer that as 
 he did not work for them he has no claim. So he is reduced to this 
 alternative, either to want these considerable perquisites, or commence 
 processes for subjects of Is., or perhaps 4d., at a very great odds ; in- 
 asmuch as it is much easier for a ^q\7 outstanders, with a joint purse, 
 to defend, than for a poor schoolmaster who is not worth a shilling to 
 pursue. — Nor is this all. There can be several instances given, in 
 places where schoolmasters have pursued for these dues, ot inferior 
 
 * They applied to the Assembly (1749) for its countenance, but their pe- 
 tition was rejected on a point of form. See p. 132. 
 
380 APPENDIX. 
 
 judges giving sentence against them ; so that there must be some de- 
 fect in the law in this respect. But it were needless to give a parti- 
 cular narrative of tlie many hardships we labour under ; they are 
 glaring enough, and our countrymen in general do us the justice to 
 own we have reason to complain. 
 
 As to the question, What might satisfy us ? we wish a general 
 answer could be taken, That we will be satisfied with whatever the 
 wisdom and goodness of the nation shall think meet ; as we will, no 
 doubt, be very unlucky in laying down schemes. But seeing some- 
 thing more particular is expected, in consequence of a promise made 
 by our last general meeting, the following proposals are humbly sub- 
 mitted to all sincere friends of learning and mankind : — 
 
 1. That in all country parishes to the north of the river Tay (or 
 some such distinction, in proportion to the rates of living), the annual 
 salary for a schoolmaster be not under ^£8 6s. 8d. sterling (^£100 
 Scots); to the south of said river, not under ^11 2s. 2§d. sterling 
 (200 merks Scots) ; in all royal boroughs, not under £IS ; and in 
 royal boroughs where the offices of grammar-schoolmaster and session- 
 clerk are disjoined, not under ^20. 
 
 2. That in all parishes where there is not a sufficient house for the 
 schoolmaster, and a small glebe, a sum not under .£50 sterling to be 
 forthwith applied, one half to build a house (the parish affording car- 
 riages), and the remainder to purchase an acre, more or less, of adja- 
 cent ground, for the maintenance of a cow. That where there are 
 not vacant stipends, or other public funds for this purpose, the ^650 
 be advanced by the several heritors, provided always that they be al- 
 lowed to retain as much in their own hands of the first vacant stipends 
 as will reimburse them. — Our chief aim being, not to throw any new 
 or sensible burden on the landed interest, it is hoped patrons and gen- 
 tlemen will approve of this method of applying at least one year's va- 
 cant stipend, especially as they are already limited to charitable uses 
 within the respective parishes; and no application of them, we pre- 
 sume, is more charitable than this, nor more beneficial to society, 
 
 3. That in country parishes and lesser boroughs the offices of school- 
 master, session-clerk, precentor, keeper of the register, &c., be inse- 
 parably connected. It is true, some of these offices are in the gift of 
 kirk-sessions ; but as they have almost always bestowed them on 
 schoolmasters (as the fittest persons possibly, or rather from a princi- 
 ple of generosity, and a conviction that schoolmasters could not other- 
 wise subsist), and as they should be the first to show how much they 
 wish to encourage learning and virtue, it is hoped they are too public- 
 spirited to scruple tlie divesting themselves of an insignificant piece 
 of power for the public good. 
 
 4. As many advantages might accrue to the public (especially in 
 clearing up circumstances in law-suits) if there were a distinct regis- 
 ter of births, marriages, and burials, kept in every parish ; therefore 
 that in all time coming such registers be kept by the schoolmaster; 
 and that all births, &c. be inserted in it, under the penalty of 10s 
 sterling for each marriage, and 5s for each birth or burial, not regis- 
 tered ; one half to the poor of the parish, and the other to the school- 
 master as keeper. That sums not under 2s 6d be paid for proclama- 
 tion of banns and inserting the dates of marriages, and not under Is 
 for inserting a birth or a burial in this register. 
 
THE schoolmasters' AUGMENTATION-SCHEME. 381 
 
 5, That the quarterly fees for teachinjr English be not under Is 
 6d •' for tvriting, arithmetic, kc. not under 2s ; and for teaching Latin, 
 not' under 5s. N.B. It is thought, raising the wages on Latin to 6s 
 or hi.'her, might have all the advantages that would attend the sup- 
 pressfng Latin schools, and iew of the inconveniencies. 
 
 6 That there he no private schools in country -parishes tvithin three 
 Enalish miles of the parochial one; and that if at that distance, or 
 nearer, it shall be found necessary to have another EnpZ^s/i teacher, 
 he shall be under the immediate inspection and direction of the pa- 
 lish kirk-session and schoolmaster, and shall not on any account pre- 
 tend to teach Latin, cVc. We say, private schools, as comprehending 
 all schools other than^he parochial or established one. Only it is not 
 meant that this regulation should affect such gentlemen as keep pri- 
 vate tutors or governors in their families, if they teach only their own 
 children. 
 
 By this scheme, then, schoolmasters would have, at a medium, 
 By salary £10, and clerk fee £1 5s., . . ^H 5 
 
 By 20 baptisms, and 20 burials, at Is. each, . • log 
 
 By 9 marriages, at 2s. 6d. each, . • • ^ - 
 
 By 25 English and fVriting scholars, at 20d. per quarter 
 
 each at an average, . • ' , * , ^ T n 
 
 By house and glebe, and two or three Latin scholars, about 5 U 
 
 8 6 8 
 
 
 £27 14 2 
 
 N.B. The last article precarious as to Latin scholars. 
 
 The whole amounting, in country parishes, to about £27 or £28, and 
 
 in boroughs from £30 to £40, and that without any new burden* on 
 
 the lande'd interest, and without sensibly affecting the poorer sort of 
 
 ^^ I? b' hoped none will think this a fund of luxury ; yet, at the same 
 time we declare we think it such as, by diligent attention toourbusi- 
 ness'we could subsist ourselves and families on, in a decent easy man- 
 ner,'conform to our character. Heaven is our witness, we aim at 
 nothin- more ; and to this we hope it will be allowed we have a na- 
 tural ri^ht, as our labours are wholly devoted to the public, without 
 a possibility of following any private occupation for bettering our cir- 
 
 '"We^mve, above, taken notice of some of the many advantages that 
 would attend the success of this our scheme; and shall on y add. that 
 were it carried into execution, the country gent emen might have the 
 pleasure of seeing their children educated under their own eye, at 
 schools where they would have all the advantages both of a public and 
 domestic education, and few of the inconveniences of fUher. tor 
 says a late writer, when handling the old question, Whether a private 
 or public school is to be preferred ? " I would not send my son to a 
 school containing a hundred boys. No ; this would be plunging him 
 
 • We sav, without any new burden ; because as the law stands we mig^t 
 have 200 merks Scots salary. The grievance we complain ot •«, Uiat it is 
 left optional to heritors, to give us either 200 or .^^O ^'"-^^^.^"'Vudoo t^^^ 
 have and will always give us the miniraura if it is not raised ; and upon this 
 we cannot subsist. 
 
382 APPENDIX. 
 
 into vice. Nor yet am I for a private school. I would rather chuse 
 a school in some country-town, where there is a good master, and not 
 above twenty boys. There, I am sure, if the master be a good mor- 
 alist, the innocence and virtue of a boy is easily preserved, and a great 
 stock of learning as easily acquired as at a large school : the emula- 
 tion is the same ; they will have the same vigour and vivacity, and be 
 equally alert and industrious." 
 
 We shall conclude all by observing, that could the Lords of Ses- 
 sion, or the Commissioners of supply, (whichever of them are our 
 judges, for we are not sure"), redress us in these respects without the 
 aid of a new law, our complaints would never be carried beyond their 
 impartial ears. But this cannot be ; since, as the law stands, if we 
 have 100 merks yearly salary, we have no legal claim for any more, 
 no not for holes to lay our heads in, unless by the unanimous 
 consent of every heritor in our respective parishes, which is but sel- 
 dom to be expected. It is to our countrymen we mean ourselves at 
 present ; to Scotsmen, so long renowned for learning, valour, and ho- 
 nesty : who we hope will cheerfully condescend to these modest and 
 reasonable demands which we have made : that so there never may be 
 wanting in North Britain a set of honest men, who, considering this 
 being only as an education for heaven, shall, in a dependence upon 
 the grace of God, train up her generous sons, to run, with a noble 
 ambition, "amidst such a cloud of witnesses, in sight of mortal and 
 immortal powers, — the great career of justice," and to relish a 
 peaceable, industrious and religious life here, 
 
 -Till by degrees of merit rais'd, 
 
 They open to themselves at length the way 
 To perfect being in a future state ! 
 
 Milton's Paradise Lost, vii. 157. 
 
 This in name and by appointment of the committee empowered by the 
 late general meeting of Scots schoolmasters, to apply to Parliament 
 for an augmentation of their livings, is signed by 
 
 William Smith, Preses. 
 Thomas Peirson, Clerk. 
 N.B. — One of our number is to go up to London to petition for 
 leave to bring in a bill for the above efl'ect, and will set out about the 
 25th of November. 
 
 Mr. Smith accordingly set out for London on the 29th Nov., but 
 after Parliament liad met, and a few days before the petition of the 
 Church's Commissioners was presented (see p. 192), it was announced 
 in the newspapers that "the petition intended to have been presented 
 to Parliament by the Established Schoolmasters of Scotland was, 
 for various reasons, and by particular advice, delayed till next Ses- 
 sions." 
 
 There was a general meeting held at Edinburgh, on the 4th and 5th 
 Sept. 1751, which approved of the conduct of their commissioner to 
 Parliament for not pushing their petition ; appointed another standing 
 committee, vested with the like powers as the formei, for conducting 
 their scheme, till their next meeting; resolved to lay their distressed 
 condition before next session of Parliament, if their funds answer, and 
 no opposition be shewn by the landed interest j wrote circular letters 
 
CASES OF LIBEL, DISCIPLINE, &C. 383 
 
 to their brethren, recommending to them to use proper means for 
 gaining the countenance and approbation of the landed interest ; and 
 named committees to solicit letters of recommendation from the Lords 
 of Session, the Universities, &c. 
 
 Before the next annual meeting, however, the scheme was laid aside. 
 Two thirds of their number never contributed, so that their funds 
 were found insufficient for it. The annual meeting held at Edin- 
 burgh, Sept. 2, 1752, recommended to their brethren all over Scotland, 
 as an interim remedy, to raise their fees for teaching; fixing the mini- 
 mum, /)er quarter, at eighteen pence for English, two sbillinTs for 
 reading and writing, half-a-crown for arithmetic, and five shillings for 
 Latin. And in order to raise a fund for prosecuting any future scheme 
 for bettering their circumstances, they recommended, that each school- 
 master should pay sixpence per quarter, two shillings a-year ; that the 
 schoolmasters of every presbytery should chuse a collector for uplifting 
 their quarterly payments ; that these collectors should transmit the 
 money to the general meeting, held annually at Edinburgh on the first 
 Wednesday of September ; and that the general meeting should lay 
 it out at interest, on undoubted security, till it amount to a sura suffi- 
 cient for effectuating their design. 
 
 XI. — Cases of Libel, Discipline, &c. 
 
 1. Processes against Ministers. 
 
 Mr. James Hog of Capuih, 1738-40 — This case commenced pre- 
 viously to the period embraced by this volume, and proved very tedi- 
 ous and painful. Certain questions as to evidence came before the 
 Assembly, 1740, who referred them to a committee, whose report 
 was approved by the May Commission. One question regarded two 
 of the witnesses, who were members of the College of Justice, and 
 therefore it was alleged were not obliged to appear before any other 
 court ; but the Commission found that they had no privilege as wit- 
 nesses more than others. Again, one of the witnesses, who was of 
 Independent principles declined to depone before a Church-Judicatory, 
 but was willing to do it before a civil magistrate. It was the Com- 
 mission's opinion that he might be examined before a civil jud^re, in 
 presence, and at desire of the committee of the Synod of Perth and 
 
 Stirling, by whom the investigation was conducted The process 
 
 ended in an acquittal in 1741. The Synod expressed to the Assem- 
 bly a wish to have the process printed at the Church's expense, but 
 the Commission of May 1742 gave it as their opinion that it should 
 neither be printed nor published. 
 
 Mr. John Glass of Tealing — He had been deposed for Independent 
 principles, but the Assembly 1739 reponed him to the office of the 
 ministry (p. 10). He made no application himself, but several Sy- 
 nods, and especially that of Angus and Mearns (of which he had been 
 a member), represented to the Assembly that he had been deposed 
 on account of some peculiar principles, not inconsistent with his being 
 a minister of the Gospel of Christ. They added, that Mr. Francis 
 Archibald, late minister at Guthrie, had been restored in a similar 
 manner. 
 
384 APPENDIX. 
 
 Mr. James Mitchell of Glenisla, 1739-40. — He had been suspended 
 for certain grave offences, says the Mercury — " such as swearing and 
 drubbing neighbours' wives." The Synod of Angus and Mearns re- 
 ferred his case to the Commission of November 1739, who advised the 
 Synod to re-consider the grounds of suspension, with his conduct 
 since, and give sentence according to his demerits. — It ended, if I 
 mistake not, in his deposition. 
 
 Mr. David Malcotn of Duddingston Case of Non- Residence 
 
 Some notice of this eccentric individual will be found at p. 21, note. 
 His mania for the Celtic tongue increasing, he went to London, 
 whence (upon complaints being made of his long absence) he sent a 
 letter to the Presbytery of Edinburgh, to the effect, that his object in 
 that visit was to promote learning, and to convince the Legislature of 
 the affinity there is between the Irish language, and that now and 
 always spoken by the first inhabitants of Georgia, Carolina, &c. ; and 
 thence subsuming, by consequential arguments, that the Spanish mon- 
 arch has not the least pretensions to these our colonies, not even upon the 
 footing of a papal grant. — This letter caine before the Commission of 
 November 1739, who recommended to the Presbytery to send him a 
 letter, requiring him to return and attend his pastoral charge. With 
 this injunction, however, he would not comply ; and, at the Commis- 
 sion of May 1740, another letter from him was read, " touching the 
 cause of his stay in London." — At length, on the 24th March, 1742, 
 he was deposed " for leaving his charge." He died soon after. 
 
 Mr. George Buchanan of Drymen, 1742 The libel charged him 
 
 " with the sin of uncleanness, first with Margaret Simpson in the 
 year 1735, before he was in the ministry, and then with his first 
 cousin, Janet Buchanan, in the year 1740, after he had been settled at 
 Drymen." The Presbytery found him guilty and deposed him, 
 against which sentence he took an appeal to the Synod, by whom the 
 case was referred to the Assembly 1742. It came before the May 
 Commission. His counsel arraigned the sentence as illegal and un- 
 precedented, chiefly on the ground of the Presbytery having received 
 an additional list of witnesses, and examined them. It was argued 
 " that this process being the result of a fama clamosa, the Presby- 
 tery had spent near seven months in their privy-censures mustering 
 up proofs ; and that, after examining these, to lead supplementary 
 evidences was unfair. They might at this rate, serve up additional 
 lists of witnesses, enough to keep a man upon the rack all the days 
 of his life, and that this was not the practice of any court, civil, or 
 ecclesiastical, except in cases of forgery. That the Presbytery, who 
 were his prosecutors as well as his judges, had been no less irregular 
 than keen in their steps — witness an attested extract thereof, where- 
 by it appeared that after deposing Mr. Buchanan, they had appointed 
 a committee to consider the proof, and see if the same came up to the 
 libel, so as to justify their sentence — which, said the counsel, was 
 like trying the pannel's cause after he was hanged. Upon the whole, 
 it was submitted if Mr. Buchanan's appeal on a material point of 
 law ought not to have stopt their proceedings simpUciter." 
 
 It was answered, that Mr. Buchanan's life and conversation had 
 given such great discontent, that an inquiry became absolutely in- 
 
PROCESSES AGAINST MINISTERS. 385 
 
 dispensable, which the Presbytery went into, in order to clear up 
 their brother's reputation ; and they would have cordially wished 
 that the proof of his uncleanness had not been accompanied with 
 other atrocious crimes, whereby his ministry had been rendered con- 
 temptible ; that the admitting additional witnesses was founded in 
 the practice of the church, and to prove that it was so in law, Voet 
 and other civilians were quoted. Nor could their procedure be stopt 
 by an appeal, otherwise a pannel was at liberty, by throwing in his 
 appeal against every witness or circumstance, to spin out bis process »« 
 ivfinitum ; nor had the Presbytery here proceeded to the execution of 
 the sentence. And as to the attested copy of their minutes, it was 
 a blunder in their clerk for which he had stood reprimanded. It was 
 replied, " that even the minutes which the Presbytery produced so 
 fair were visibly vitiated in the numerical folios, probably to serve a 
 turn." The Commission, finding that there was nothing before 
 them but the validity of the appeal, as to the additional list of wit- 
 nesses, dismissed the said appeal, finding it groundless. Mr. Joseph 
 Williamson, one of his counsel, protested, and appealed to the next 
 Assembly, on account of the Commission not having enjoined the 
 Presbytery to hear Mr. Buchanan or his procurators, upon the im- 
 port of the proof taken. 
 
 Besides Mr. Williamson, Mr. Buchanan had brought with him as 
 his counsel, at the morning sederunt, Messrs. Patrick Haldane, and 
 Charles Hamilton Gordon ; and in the afternoon, he brought, in ad- 
 dition to these three, the famous Alexander Lockhart, afterwards 
 Lord Covington. This led to an attempt to limit the number of 
 lawyers to be heard at the bar on one side of a cause, but it fell to the 
 ground. 
 
 The process against Mr. Buchanan ended in his ultimate deposi- 
 tion (see p. 43.) 
 
 Mr. Andrew Arrot of Dunnichen, 1742^44. — The Commission of 
 November, 1742, had before them a reference from the Presbytery of 
 Forfar, stating that Mr. Andrew Arrot, minister of Dunnichen, had 
 given in a representation, importing his secession from the judica- 
 tories of this Church for reasons therein mentioned. The case was 
 delaved till March ; and in the mean while, the Presbytery were ap- 
 pointed to endeavour to remove his scruples. At the March Com- 
 mission, the Presbytery reported, that their efforts to reclaim him had 
 been fruitless. On the report of a committee appointed to consider 
 the affair, the Commission still recommended to the Presbytery to con- 
 tinue to use their endeavours to reclaim him, and if they fail, to re- 
 port to the Synod. We hear nothing more of the case till the Com- 
 mission of November 1744, to whom the Pres,bytery again referred it, 
 and who advised them to proceed by libel to deposition, which seems 
 to have been done accordingly, though Mr. Arrot made no compear- 
 ance. 
 
 Mr. Robert Thomson, Kirkhill, 1743. — The Commission of May, 
 1743, had before them a reference from the Synod of Moray, about a 
 minister libelled by some of the gentlemen of his parish ; and, I have 
 reason to believe, that the person intended was Mr. Thomson of Kirk- 
 hill. Some of the acts charged were within five years, but others in 
 2 K 
 
886 APPENDIX. 
 
 1716, 1728, 1731, 1733, 1734. The Commission considering this case, 
 and the Form of Process I. 4, gave it as their opinion, that the Pres- 
 bytery ought not to proceed upon any of the articles libelled, other 
 than those which were charged to have happened within five years 
 preceding the citation. At the November Commission, three queries 
 were addressed by the Presbytery of Inverness in the way of refer- 
 ence, respecting the libel against him; but the Commission gave no 
 answer, the case not being so fully stated in all the circumstances, as 
 that they could form a distinct judgment. There was at the same 
 time, a reference from the same Presbytery, "setting forth some in- 
 stances of rude and barbarous behaviour of the populace of the pa- 
 rish of Kirkhill towards their minister." They were advised to apply 
 to the Sheriff or Justices. — He appears to have ultimately left the 
 parish. 
 
 Mr. Wm. Stewart of KlrJibea?!, \7 AS. — The charge against him was 
 adultery. The Presbytery refused him a list of the interrogatories 
 they were to put to witnesess ; and on that, and other points of their 
 procedure, lie appealed. They referred for advice to the Commission 
 of August 1743^ which advised them to go on to examine witnesses 
 notwithstanding his appeal. As to the question, whether they should 
 examine one who was sister to IMr. Stewart's wife (only by the father's 
 side) — especially if it should be objected that the subject she is to be 
 interrogate upon might tend to accuse herself — the Commission was 
 of opinion she should be allowed as an fiabile witness; but if she de- 
 clined being examined, that slie ought not to be pressed or compelled 
 to give evidence. How the process terminated the Record furnishes 
 no information. 
 
 Professor Leechman of Glasgow, 1744. — A full statement of the 
 charges and defences has been given at p. 46. The compearance for the 
 Presbytery consisted of Messrs. Jas. Robe, Kilsyth ; John Oughterson, 
 Cumbernauld ; and James Stirling, Glasgow ; — with IMessrs. Patrick 
 Haldane and Archd. Murray, as their counsel. Professor Leech- 
 man appeared for himself, with Messrs. Charles Hamilton Gordon 
 and Joseph Williamson, as his counsel — There had been a very small 
 minority in the Presbytery in his favour, composed of Mr. Craig of 
 St. Andrew's Church, Glasgow, and others. Of the procedure in the 
 Svnod, the following account is given by Dr. James Wodrow, in his 
 account of Leechman's Life, prefixed to the first volume of his Ser- 
 mons* : — "The sermon itself, which bore on the face of it strong 
 marks of a devout heart, as well as of a highly cultivated understand- 
 ing, had been much read and admired. In the space of a few months 
 it had undergone a second edition. And this unexpected attack on 
 the author, visibly calculated to raise a spirit of bigotry in the com- 
 mon people against him, soon roused the attention and indignation of 
 many of the conscientious friends of religion and learning in that quar- 
 ter, to whom Mr. Leechman was not personally known. It drew 
 together a great number of the clergy from the most distant corners 
 of that large Synod, together witli several gentlemen of rank, who 
 took their seats with them as elders, which they had not done for many 
 
 * Leechman's Sermons, vol. i. p. 24. 
 
PROCESSES AGAINST MINISTERS. 387 
 
 years before. The court assembled at Glasgow, in the beginning of 
 April (1744); and, in consequence of Mr. Leechman's complaint^ 
 thought proper to call for the papers, and to take the business entirely 
 out of the hands of the inferior court, who shewed great reluctance 
 to part with it, having resolved to continue their sittings, and to 
 hang up the cause for sometime to the public view. The Synod ap- 
 pointed a particular diet to judge and decide it, in which the remarks, 
 answers, and every thing referred to in both, were read, and read a 
 second time article by article. Every member was allowed to pro- 
 pose what further objections occurred to him, and the Professor al- 
 lowed to answer him, if he could, viva voce ; which was done in seve- 
 ral instances. On the whole, the Synod almost unanimously found 
 ' Professor Leechman's answers to the remarks or objections made by 
 the committee of the Presbytery of Glasgow, to be fully satisfying, 
 and sufficient to remove any offence conceived : and found no rea- 
 son to charge the said Professor with any unsoundness in the faith, 
 expressed in the passages of the sermon complained of.' The Pro- 
 fessor thanked " the reverend and honourable members of the Court 
 for the time and pains they had bestowed in doing justice to his 
 character; hoping that, through the help of God, he should, in the 
 future exercise of his office, justify the favourable opinion they seem- 
 ed to have formed of him.*' " 
 
 Mr. George Combe, the well-known writer on Phrenology, refers 
 to Professor Leechman's case in his work on the " Constitution of 
 Man," and thinks he has found in the Professor's sermon, a confirma- 
 tion of his own views of the inefficacy of prayer ; but how erroneous 
 his deductions are, has been shewn by Mr. Wni. Scott in his " Har- 
 mony of Phrenology with Scripture," (p. 293). 
 
 Mr. Alex. Ferguson, Kilwinning, 1744 — Two libels were preferred 
 against him by one James Leitch, both of which the accuser failed to 
 prove. Leitch was then accused by the Presbytery of having thereby 
 slandered Mr. Ferguson in a scandalous manner, and they placed him 
 under the lesser excommunication, a sentence which the Synod affirm- 
 ed. The case came before the May Commission, 1744. There was 
 read a letter from the said James Leitch to Mr. Ferguson,f threaten- 
 ing to pursue him, unless he complied with certain conditions therein 
 mentioned. The Commission unanimously affirmed the Presbytery's 
 deliverance. 
 
 Mr. John Colquhoiin, Balclemock, 1744-45 — His settlement having 
 been keenly opposed (see p. 356), an accusation was brought against 
 him by John Robertson of Boghall, and other elders, while he was on 
 his trials for ordination, but it was dismissed by all the courts (see p. 
 65), " in regard it was not offered in form of a libel." A libel was 
 then raised, which came before the Commission of March 1745. That 
 body found that more than one witness was necessary to each separate 
 
 * Synod records. 
 
 f This was the same Mr. Ferguson who, in 1767, attacked, in " a Letter 
 to a Clergyman,'' (published in the Scots Mciguzine, with the signature of 
 A. B. ) some of the fundamental doctrines of Christianity, yet was allowed 
 to escape with impunity. 
 
 2 K 2 
 
388 APPENDIX. 
 
 article ; and then, " at a very full meeting," says the Courant, " they 
 assoilzied him from the libel, and dismissed the process, not one arti- 
 cle of which was proven. The Commission afterwards were about to 
 consider the form of process relating to those who fail in proof of a 
 libel ; but Mr. Colquhoun moved that it was his earnest desire that 
 the Reverend Commission would take no farther notice of the eon- 
 duct of his accusers, upon which the Commission resolved at this time 
 not to proceed any farther against them." The Record bears, that 
 Mr. Joseph Williamson stated for them next day, that nothing had 
 induced them to bring that libel, but that they had heard reports of 
 flagrant things against Mr. Colquhoun, which they judged necessary 
 to be inquired into ; but as the proof had not come out as they ex- 
 pected, they withdrew all appeals. 
 
 Mr. George Boes, Cupar, 1745 — This case did not come before the 
 Assembly or its Commission, but only a petition from certain mem- 
 bers of the Cupar Presbytery was presented to the Assembly 1745, 
 setting forth that certain papers relating to his (Mr. Boes') process, 
 and necessary to set that matter in a just light in their register, had 
 been through misfortune lost, and that they were of opinion that the 
 easiest and most desirable way of ending all difficulties was to erase 
 the whole affair. The Assembly gave them leave to do so, provided 
 all parties consented. 
 
 Mr. Edward Johnston, Moffat, 1746.— An account of this case has 
 already been given at pp. 88, 89. Comp. p. 357. The Commission 
 of November 1746 advised the Presbytery to conclude the trial, with- 
 out admitting any additional list of witnesses. It ended in his ac- 
 quittal. 
 
 Mr. David Brown, Belhehie, 1744-47 He was ordained in 1721. 
 
 In 1744 he was found guilty of adultery and deposed. He presented 
 a petition to the Assembly 1747, representing that he was willing to 
 go to America, " by which," said he, " I may have access yet to 
 serve the Lord I have so greatly dishonoured, to teach transgressors 
 his ways, and to provide for a numerous rising family, reduced through 
 my guilt to low circumstances." This petition was accompanied with 
 representations signed by elders, and a great number of heads of fami- 
 lies of the parish of Belhelvie, certificates from the Presbytery of 
 Aberdeen, the minister and kirk-session of Edit, &c., testifying his 
 former diligence, faithfulness, and success, in the work of the minis- 
 try, — the blameless character he had always maintained before he be- 
 came guilty of that sin, — the evidences he had given of repentance, — 
 the proofs of his good affection and loyalty to King George during 
 the late wicked rebellion, &c. The Assembly's decision will be seen 
 at p. 102. 
 
 Mr. Thomas Man of Dunketd, 1746-47. — The substantive charges 
 in the libel have been already specified (p. 103). The 7?iq;or proposi- 
 tion was as follows: — "Whereas, it is the indispensable duty of all 
 ministers of the gospel, and particularly of all the ministers of this 
 Church, both by the command of God and the rules and laudable 
 practice of this Church, to discourage and discountenance all measures 
 
PROCESSES AGAINST MINISTERS. 389 
 
 tending to rebellion against our most gracious sovereign Kinjj George, 
 and the overturning of our present liappy constitution in Cliurcli and 
 State ; and also, to encourage all his Majesty's subjects in their loyalty 
 towards him, by setting before the people under their care an example 
 of true loyalty and firm attachment to our present constitution, — Yet 
 true it is, and of verity, &c." — In his answers to the libel, Mr. Man 
 speaks of the general toss into which the country had been thrown, the 
 thorny roads he had travelled, the dangers to which he was exposed 
 from " an enraged, inveterate, undisciplined, and uncivilized crowd, 
 the wild western or northern Highlanders, &c." 
 
 The question incidentally arose in the above case, as to whether a 
 person's being examined as a witness disqualifies him from being a 
 judge. — See p. 106. At the Commission in November 1746, Mr. 
 Blaclaggan "acknowledged his having, in conversation with severals 
 in Edinburgh and elsewhere, informed them of what he knew con- 
 cerning Mr. Man's conduct, which he could not avoid doing, as they 
 asked him questions; but he maintained that his being a framer of 
 the libel, or a witness, could not deprive him of the privilege of judg- 
 ing." Tlie Commission directed the Presbytery to allow no person 
 who had been examined as a witness in any part of the process to be 
 a judge — but the Assembly reversed this decision. And as to his 
 having been the first informer and spreader of the fama, the Assera- 
 bly, (1747,) judged these words to be inserted unnecessarily, " in re- 
 spect they appear, neither to have been admitted by Mr. ^laclaggan, 
 nor proved upon him, nor made part of the foundation of the Com- 
 mission's deliverance."* 
 
 Mr. Andrew Knox of Kinnaird, \1A1. — The process here was in a 
 civil court, but it involved the right of members of church-judica- 
 tories to the privilege of freedom of speech. Mr. 
 
 * One of the most curious documents in the Records of the Church re- 
 specting the Rebellion, is a representation presented to the November Com- 
 mission, 1746, from Mr. Archibald Bannatyne, minister of Dores, in the 
 Presbytery of lavernes*, setting forth, " That as his house stands in a place 
 'twixt the Highlands and the low country oa the king's highway to the 
 east end of Lochness, no minister in Scotland, as far as he could ieain, suf- 
 fered the half of what he did from the rebels, or lay so much under the 
 feet of M'Donalds, C mierons, Stewarts, and lAI'Leans, as they past, and 
 repast 'twixt their own country, and their head-quarters of Inverness. Anv, 
 who is acquainted with that country, must know that travellers come 
 through a long wilderness to the west of his house, where there is no provi- 
 sion for man or horse for twelve miles, and after some houses on the road 
 were destroyed, there was no accommodation for eighteen miles. As they 
 past in hundreds, fiftys, and dozens, for eight weeks time, they quartered 
 man and horse upon him, banished him from his house, and after all his 
 corns and provisions were consumed, they obliged his wife under pain of 
 military execution, to find them provisions of all kinds on her credit, which 
 involved him considerably in new debt. Besides this, they burnt a house 
 of his, with all the furniture and utensils in it ; made a bon-fire of his whole 
 year's fuel on the 30th October, as a muck celebration of his Majesty's 
 birth-day, &c." The Commission recommended him to the committee on 
 the Royal Bounty, as the Assembly, 1746, had done Mr. Montfud, whose 
 case is mentioned at p. 90, and who was employed by them as a Missionaiy. 
 
 2 K 3 
 
390 APPENDIX. 
 
 sitting in Presbytery, asked a question touching the character of John 
 Ferrier, an elder in Farnwell, and then a member of Presbytery, 
 Ferrier pursued him for slander before the Commissary of Brechin, 
 who gave sentence against Mr. Knox. The sentence was suspended 
 by the Court of Session, and the Synod of Angus and Mearns having 
 represented the case to the November Commission, 1747, a com- 
 mittee of inquiry was appointed, on whose report instructions were 
 given to the Procurator and Agent to appear for j\lr. Knox's inter- 
 ests. Respecting the result of the plea, the Records are silent. 
 
 Mr. George Adam of Cathcart, 1747-8 Tliis case has already been 
 
 noticed at p. 111. Having been deposed for the sin of fornication 
 with his servant Isobel Gemmill, and undergone a course of disci- 
 pline before the congregation, the Presbytery had reponed him, with- 
 out consulting the Synod; but the Commission of November, 1747, 
 ordered a letter to be written to them, " prohibiting them to take 
 any steps till they had the advice of the General Assembly." When 
 the case was called at the Assembly, 1748, Mr. Joseph Williamson 
 appeared in behalf of the patron, heritors, and people of Cathcart, 
 " and offering to speak, was not allowed, this being a reference, and not 
 a cause needing to be managed and pled by a lawyer." 
 
 Mr. Gilbert Man of Moneidie, 1748-50. — This unfortunate man 
 had been settled with an unanimous call in 1739, but seems not long 
 after to have fallen into those habits of vice, which give his name an 
 unenviable prominence in the church-records for several years. An 
 account of the ^rs^ disposal of his case will be seen at p. 115. The 
 finding the second charge irrelevant seems to have been owing to the 
 vagueness with which it was laid, no dates being condescended on 
 more specific, than " on one or other of the days of one or other of the 
 months of one or other of the years 1742, 1743, 1744, 1745, or 1746." 
 On sentence being pronounced, he was " exhorted by the Moderator 
 to a more circumspect walk, and conversation in his future conduct." 
 
 A new libel was raised against him, which came before the Com- 
 mission of May, 1749. The process was conducted by a committee 
 of the Synod of Perth and Stirling, in virtue of a Commission from 
 the Synod to that effect. INIr. Man's counsel objected that the whole 
 procedure was irregular, as not being begun and carried on by the 
 Presbytery of Dunkeld. The objection was over-ruled. It was then 
 objected against the libel, that it contained certain articles which had 
 been the subject of a former libel, and as there laid had been found 
 irrelevant. The Commission agreed, that upon articles which had 
 been found irrelevant, not in themselves, but in the manner in which 
 they were laid, a new libel might be given, and the same being rele- 
 vantly laid, might be admitted to proof. — The frst charge was the 
 putting away bis wife (daughter of Thos. Duncan, vintner in Perth), 
 or at least writing a letter to her parents of such a threatening nature, 
 as rendered it necessary to her own safety that she should leave the 
 house. Objected, That JNIr. Man's wife, the person supposed to be 
 injured, had not compeared as a complainer. The objection was 
 overruled, and the article found relevant and proven. Among other 
 instances of bad treatment, he was accused of not providing for his 
 family as he ought, *' particularly one summer that he gave them only 
 
PROCESSES AGAIxNST PROBATIONERS. 391 
 
 bear-meal, though he had two cows calved in his byre." — The second 
 charge was profane swearing, &c. ; — admitted relevant, but found not 
 proven. — The third charge was " indulging in a sinful excess of anger 
 or wrath, even to the degree of beating and cruelly striking." This 
 was found relevant, but as to the proof, some thought him " delirious," 
 others not. The votes being equal, and the Moderator declining to 
 give his voice, Mr. Man " is not found guilty."— One of the instances 
 alleged, was his "searching for his beadle with an axe in his hand, 
 and imagining he lurked below the stair in the manse, he struck upon 
 Ihe stair with the axe, until he broke one of the steps; afterwards, 
 imagining he had killed him, he bid some of the people come and take 
 out or feel the corpse of the beadle under the stair." — The fourth 
 charge was " being habit and repute a tippler." It was found relevant, 
 except in one particular, viz., that when riding on the high way from 
 Dunkeld, he has been observed to sway from side to side, after the 
 manner of a drunken man." On the general charge, he was, at the 
 November Commission, found not guilty. When, in Marcli 1750, 
 the Commission was about to pronounce sentence, there was produced 
 a petition of four elders, one residing heritor, and upwards of ninety 
 heads of families of the parish, " praying that he might be continued 
 their minister." Some were for "Delay," but it carried "Proceed," 
 He expressed his sorrow and his willingness to submit to any terms 
 of reconciliation with his wife. He was rebuked, admonished, and 
 enjoined to use all proper methods to be reconciled to his wife — a 
 sentence, it must be acknowledged, of excessive leniency. 
 
 Mr. James Ker of Dun, 1749. — This was a libel brought by a parish- 
 ioner, Robert Strachan, in Fordis, consisting of six counts which were 
 all dismissed as irrelevant, by the Commission of May 1749, who also 
 remitted to the Presbytery to consider the conduct of the libeller, if 
 they saw cause. The first charge was the having, in the year J729, 
 compelled a woman to take and swear, before the congregation of 
 Dun, an oath regarding the paternity of her child, which is given at 
 full length in the Commission- Record, and which almost rivals in 
 terrific denunciation the famous Curse of Kehama. Another charge 
 was the rather venial one of having left his parish for one or two Sun- 
 days during the rebellion. 
 
 2. Processes against others than Ministers. 
 Among the Processes against Probationers''' there was the case of 
 
 * The overture anent the licensing of Probationers (p. 20), took its rise 
 from the circumstance of "persons having gone to England, where they 
 were. not well known, and getting themselves licensed to preach the gospel 
 by a very scriinp number of Dissenting Ministers, no more than three in 
 number, and upon a most superficial trial." (^Record of the Commission, 
 May, 17S9. ) " This, says the Mercury, it was alleged in debate, not only 
 brought contempt upon the clergy, but was the cause of the divisions, which 
 threatened the church so much ;" — and we do find various instances of va- 
 cant parishes giving calls in preference to " ministers from England." See 
 Gille-pie's ca-e at p. 276. 
 
 There appear to have been great irregularities in the mode of licensing 
 probationers in the remoter districts of the country. Thus, in the case of 
 
392 APPENDIX. 
 
 Mr. Donald Fraser, 1741. The libel consisted of six counts, branch- 
 ing out into a variety of specific charges, including drunkenness, 
 scandalous indecencies and irregularities, " talking idle and frothy 
 discourse," frequenting ale houses unnecessarily and unseasonably, 
 " laughing in church when Mr. Hugh DuflF was rebuking a delin- 
 quent ; having been at a hunting-nnatch, and drinking thereafter ; 
 having sat up one whole night drinking with George Ross, tenant 
 in Fearn, upon idle disputes, &c. As to the last mentioned particu- 
 lar, " the witnesses were found to depone negatively as to the drink- 
 ing, but agreed as to the subject of conversation, which is of no mo- 
 ment." He was also charged with having used undue methods, in 
 order to procure a call to the parish of Fearn, for which he was at the 
 time a candidate; see p. 355. The Commission of May, 17-il, pro- 
 nounced upon the whole a general acquittal, but finding " that Mr. 
 Fraser had uttered some indecent expressions, and particularly con- 
 cerning Mr. John Balfour, minister at Nigg, which the said Mr. 
 Fraser had formerly acknowledged and professed his sorrow for, and 
 begged pardon, with which Mr. Balfour declared himself satisfied, 
 the Commission agreed he should be admonished on that account, 
 and it be recommended to him to be more guarded in his conversa- 
 tion for the future'' — which was done accordingly. 
 
 The case o^ Mr. Andrew Henderson came before the May Commis- 
 sion, 1742. The Synod of INIoray had suspended him for the scandals 
 of profaning the Lord's-day, lying, and prevarication. The Commis- 
 sion continued the suspension, and appointed the Presbytery of 
 Edinburgh, within whose bounds he then resided, to keep an eye 
 over him, and appointed him to converse with the ministers of Edin- 
 burgh, who were instructed to report to the Presbytery what they 
 knew of him, and the Presbytery to report to the Commission. His 
 case .was hung up for a considerable period, evidently l)y design. It 
 was again brought up by the Synod of Moray to the Commission of 
 May, 1744, who ''found, that in his printed case, he had used certain 
 Reverend Ministers of said Synod in a rude and indecent manner, by 
 which he has discovered a disposicion unbecoming the character of a 
 preacher of the gospel, and an imprudent behaviour as an appellant 
 under censure- — affirm the sentence of suspension, and rebuke him 
 from the chair." At length, it was intimated by the Synod to the 
 Assembly, 1745, that if the Assembly thought fit to repone him, or 
 to appoint any judicatory to do it, they (the Synod) would not re- 
 claim. The Assembly remitted the case to them to repone him if 
 they found cause — which was probably done, as we hear no more of 
 the matter.* 
 
 Robert Munro, (Commission Record, May, 1744,) the Presbytery of Dur- 
 nock had declined giving him license, hut the Presbytery of Tongue did. 
 The Synod of Sutherland and Caithness, however, not only took his license 
 from him, but sharply rebuked the Presbytery. The Commission restored 
 bis license, expressed then^selves highly dissatisfied with the Synod, and 
 rebuked them at the bar. But as the Presbytery of Tongue had not observed 
 the Act 1742, they were recommended henceforth to oiiserve the Acts of 
 Assembly, and not the Acts of the Synod of Sunderland and Caithness. 
 
 * It was perhaps the delays in this case that led to the overture for ex- 
 tending to Probationers the benefit of that pirt of the Form of Process 
 wbich^'relates to ministers. See p. 67. 
 
PROCESSES AGAINST SCHOOLMASTERS. 393 
 
 The case of Mr. John Kennedy also came before the Commission 
 of May, 1742. There were two libels against him, one accusing him 
 of lying, slandering, stealing, drunkenness, and obscene talking — the 
 other of beating, scurrilous language, cursing, and profane swearing. 
 One of the articles he was alleged to have stolen was " a receipt for 
 curing a cancer." The Commission unanimously affirmed the Pres- 
 bytery of Edinburgh's sentence, depriving him of his license — a 
 judgment which the Assembly, 1743, confirmed upon appeal. 
 
 Of the Processes against Schoolmasters, the most remarkable was 
 that against Mr. James Kernp, schoolmaster of Fetteresso. It seems 
 to have partly originated in a political quarrel between him and Mr. 
 David Burns, the minister of the parish, Kemp being suspected of 
 being a Jacobite. His appeal against the Synod's sentence of sus- 
 pension came before the Commission of May, 1739. " The plead- 
 ings, says the Mercury, (a Jacobite Paper,) were very entertaining, 
 and as abundance of odd stories were told, the whole seemed a mere 
 farce. I\Ir. Kemp objected to Mr. Burns, the minister, that he told 
 romantic tales, particularly, that a horse of a friend of his dying sud- 
 denly was flayed, but soon after started up alive, and that his master, 
 being concerned for the poor creature's want of hair, covered him 
 with sheep skins, which, uniting to his flesh, the horse produced se- 
 veral stones of wool every year after. The schoolmaster was accused 
 of neglecting his school, going to an Episcopal Chapel, and to the 
 tippony house — and what is worse than all — that he drank to king 
 James' health." The matter seems to have been in the first instance 
 compromised, but a new process was raised, which ended in Kemp's 
 deposition from office. The Commission of August, 1739, dismissed 
 his appeal, but " could not altogether approve the conduct of the 
 Synod for having allowed the matter formerly to have been coinpro- 
 mised by the parties. Where gross enormities are alleged against a 
 minister or schoolmaster, the same ought not to be huddled up by a 
 compromise." 
 
 In 1746, Mr. Charles Gordon was appointed schoolmaster of El- 
 lon, but being suspected of disloyalty, the Presbytery scrupled to ad- 
 mit him. The November Commission advised them to admit him, 
 but to keep a watchful eye over his future conduct. 
 
 In 1748, the schoolmaster of Alyth being libelled for disloyalty, 
 carried the case into the Court of Session (p. 112.) The May Com- 
 mission instructed the Procurator and Agent to appear, in order to 
 maintain the light of the church judicatories, in judging of, and 
 censuring schoolmasters. 
 
 Against Mr. James Wilson, schoolmaster of Burntisland, a libel 
 was brought, accusing him of a number of scandalous crimes, which, 
 however, the Commission of IMay, 1749, found irrelevant, with the 
 exception of one charge, which was held not proven. But the Session 
 were recommended to keep a watchful eye over him, and if they 
 saw cause give him a new libel. Not long after the Session deposed 
 him for having proclaimed two persons in order to marriage, without 
 the knowledge or consent of the minister and session. The Synod 
 reversed that judgment, and the Commission of May, 1750, acquiesced 
 in the Synod's decision, but recommended to Mr. W. to employ some 
 other person to do the duties of precentor and Session-clerk. This 
 
394 APPENDIX. 
 
 recommendation he did not choose to follow, and hence a fresh com- 
 plaint to the November Commission; but in March, 1751, the re- 
 port is, " that the differences are adjusted to the satisfaction of all 
 parties." 
 
 With regard to accusations against Elders, it was represented to 
 the Assembly, 1740, by Mr. Patrick Maxton of Auchtermuchty , that 
 all his elders, to the number of eleven, " had deserted his Session on 
 ane event that had happened in the month of September, 1737, and 
 that all the endeavours used to remove their scruples had been inef- 
 fectual." The matter was referred to the Commission, but at the 
 November meeting, all procedure was then dropt at I\Ir. M.'s own 
 request. It seems, however, to have been resumed in the inferior 
 courts, for we find in the Assembly Record, 1742, a protestation ad- 
 mitted, that the elders had fallen from their appeal against a sentence 
 of the Synod of Fife, affirming that of the Presbytery of Cupar, 
 finding a libel against them relevant. Of the result of the process I 
 am ignorant. 
 
 The case of the Tannadice elders will be seen in a note to p. 357. 
 
 That of the Colessie elders, has been already stated at p. 98. No- 
 thing effectual seems to have been done in the matter in 1747, for 
 we find the Commissions of both May and November, 1748, recom- 
 mending to the Presbytery of Cupar, and Mr. Mathie, to use their 
 best endeavours at all hands to bring about a good understanding. 
 
 The November Commission (1750) advised Mr. Ker of Dun (the 
 person mentioned at p. 391), and two of his elders, to live in peace 
 and friendship. 
 
 The ordinary cases of discipline appealed to the Assembly during 
 this period, and by them uniformly referred to the Commission, pre- 
 sent nothing remarkable. The sentence of the inferior court was in 
 almost every case affirmed. 
 
 Case of Sabbath Profanation. — At the Commission of August 1739, 
 a representation was read from the Synod of Moray and Presbytery 
 of Forres, respecting Robert Main, skipper of a fishing-boat at Nairn, 
 and five other seamen, his crew, who had given offence to the Session 
 of Tarbet (in Rosshire), by setting to sea from a harbour in that 
 parish, on a Sabbath morning. They had expressed their willingness 
 to remove the offence by submitting to the discipline of the Church, 
 and had been appointed to be rebuked in the church of Nairn, but 
 the Magistrates of Nairn had, by their authority, discharged their 
 compearance.* Tfie Commission found the representation incompe- 
 tent, not containing information as to whither the said seamen went, 
 what they did at sea after they went out, &c., and therefore could give 
 no advice until a more distinct account of the case be laid before them. 
 — No farther mention of it occurs in the Records. 
 
 At the November Commission 1741, there was read a letter from 
 the Presbytery of Dunkeld, for advice in the case of one John Sanders, 
 " who was lately present at a marriage, and took a young woman by 
 the hand when the parties marrying joined hands, and whispered the 
 
 • The ]Magistrate9 were probably Episcopalians, for Nairn had no Pres- 
 byterian clergyman till the year 17:30. 
 
CASE OF COCHRAN OF CULROSS. 395 
 
 words pronounced by the bridegroom, and the woman did the same 
 as the bride was pronouncing them, — and ihese two persons continue 
 since to co-habit together. The Commission advised the said Pres- 
 bytery or the Session to call them before them, and judicially take 
 their acknowledgment of co-habiting together, and declare them mar- 
 ried persons ; — rebuke them for their irregularity, and direct a prose- 
 cution against them before the civil court, for the penalty incurred 
 by such as are guilty of clandestine marriages." 
 
 At the same Commission a reference was taken up from the Pres- 
 bytery of Brechin, respecting Helen Loch, " who having born a child 
 in fornication, gave it first to an unmarried man, and afterwards to a 
 married man who denies the guilt. Tlie Commission advised the 
 Presbytery to censure the woman as adulterous, and that they ought 
 not to proceed to any steps against the man on her accusation." 
 
 A reference was made to the Assembly 1745 (p. 7.3,") respecting 
 Seceders who refused to submit to discipline. The May Commission 
 " agreed to direct the Presbytery of Lanark to proceed against scan- 
 dalous persons within their bounds, agreeable to the forms of process, 
 without regard to their pretence of being not of the communion of 
 this Church." 
 
 At the same meeting, Andrew Birrcl, found guilty of indecent and 
 scandalous behaviour, instead of being rebuked before his own con- 
 gregation at Kinghorn, was rebuked by the Moderator of the Com- 
 mission. 
 
 The long-pending case of David Haggart, Cairnmuir (p. 157), was 
 finally decided by the May Commission 1749, who unanimously affirm- 
 ed the sentence of the Synod, appointed the Presbytery of Dunkeld 
 to deal with his conscience, and the IModerator earnestly exhorted 
 him to repent of his wickedness. 
 
 In various cases of scandal (e. g., E. Maxwell, May Commission, 
 1748; Andw. Wright, IMarch Commission, 1751; Thomas Simson, 
 May Commission, 1751) the accused party was acquitted, on the 
 ground of there being no other presumptions of guilt than the wo- 
 man's accusation. 
 
 XIT. Case of Cochran of Culross. 
 
 The scene in which this gentleman bore so conspicuous but discre- 
 ditable a part, took place in the Assembly of 1748. A short abstract 
 of the proceedings to which it led has been given from the printed 
 Acts at p. 113 (Comp. p. 141, note). The following are the details 
 furnished by the minutes of Assembly : — In the account of the plead- 
 ings in the Culross patronage case, the record has these words in a 
 parenthesis — " the said Mr. Charles Cochran, patron, having express- 
 ed himself in a manner to be hereafter noticed." And after an ac- 
 count is given of the disposal of the case, it is said : — " In the course 
 of the pleadings above-mentioned, Mr. Charles Cochran said publicly, 
 that if the Assembly would appoint a committee of any of their num- 
 ber to converse with him, other than the members of the Presbytery 
 of Dunfermline, he would make it appear that Mr. Hardie, minister 
 of Culross, had, in order to raise the opposition to Mr. Trotter's set- 
 tlement, used very indirect practices, — that he had screened fornica- 
 tion, yea, and even murder, too — and repeated, " yea, and I say, even 
 
396 APPENDIX. 
 
 murder, too," and turning about, pointed to Mr. Hardie when he 
 said so. The General Assembly, in consequence of so open and gross 
 an accusation, emitted against a minister in their presence, resolved 
 to call upon Mr. Cochran to sign liis accusation, that so the Assembly 
 might appoint a committee to hear him in terms of his proposal, or 
 that upon conviction of his fault and rashness, he might have an op- 
 portunity to make due acknowledgment to Mr. Hardie for the injuries 
 done him, and to the Assembly for the indignity done to his Majesty's 
 High Commissioner and to them." When they were about to sum- 
 mon him, it was found he had withdrawn. He was then summoned 
 for next day, and the Assembly resolved that if he should not appear, 
 they " would in that case interpose their authority and concurrence 
 with the said Mr. Hardie for his interest, to bring a process before a 
 proper court for due reparation of this injury, and do appoint that 
 such process be carried on by the Procurator and Agents for the 
 Churcli, at the public expense." 
 
 Next day Mr. Cochran, on appearing, was asked by the Moderator, 
 whether he would substantiate his accusation yesterday emitted against 
 Mr. Hardie, or retract the same and acknowledge his offence? For 
 answer to which he produced a paper, which was read at the bar as 
 his speech, whereupon Mr. Hardie, with Mr. Josepli Williamson, 
 advocate, as his Procurator, were heard, who insisted that the said 
 paper should be subscribed by Mr. Cochran, and given in to the clerk. 
 Parties being removed, the Assembly, after long reasoning, agreed to 
 call them in again ; and Mr. Cochran being asked whether he had 
 any thing farther to offer to the Assembly? he answered, that he had 
 nothing other than what he had already laid before them, only he ac- 
 knowledged he had not sufficient proof for saying yesterday what he 
 had spoken out. Upon this Mr. Hardie declared, that he heartily 
 forgave Mr. Cochran the rash expressions he had used against him. 
 The Assembly having considered the foresaid accusations thrown out 
 by Mr. Cochran at the bar against Mr. Hardie, and the matters ad- 
 vanced by him in support thereof this day, and considering that Mr. 
 Cochran had also asked pardon of the Assembly, and acknowledged 
 that he had not sufficient proof to support the said accusation, and 
 that Mr. Hardie did heartily forgive him, the Assembly agreed that 
 the expressions used were rash and groundless, — therefore appointed 
 the Moderator to rebuke and admonish the said Mr. Cochran from 
 the chair, which was accordingly done, and the Assembly dismissed 
 this affair." 
 
 END OF THE APPENDIlC. 
 
397 
 
 INDEX OF PERSONS. 
 
 Abercromby, George, TOO. 
 Adam, George, 111, 390. 
 Adam, John', 46, 66, 181, 200, 
 
 308, 319, 370. 
 Adam, William, 183. 
 Aitken, George, 72. 
 Aitken, Wm., 18, 336, 369. 
 Anderson, Robert, 44. 
 Arrot, Andrew, 385. 
 AuUl, William, 69. 
 
 Baillie, John, 40, 331. 
 Baillie, Patrick, 99. 
 Balfour, George, 182. 
 Balmerino, Lord, 20, 349. 
 Bannatyne, Archd., 389. 
 Bannatyne, Charles, 218, 367. 
 Bannatyne, George, 42, 68. 
 Bannatyne, James, 5, 297, 314. 
 Bathgate, James, 10, 21, 367. 
 Beton, Niel, 156, 181,367. 
 Bieniaszeuski, Nicholas, 20. 
 Black, Anthony, 92. 
 Blaikie, George, 345. 
 Blair, David, 72. 
 Blair, George, 68. 
 Blair, Hugh, 83, 297. 
 Blair, Robert, 335. 
 Blair, William, 21. 
 Boes, George, 69, 388. 
 Boston, Thomas, senior, 299. 
 Boston, Thomas, jMn/or, 366. 
 Brown, Alex., 1 12. 
 Brown, David, 102, 388. 
 Brown, Samuel, 292. 
 Brown, William, 88, 360. 
 Bruce, James, 100. 
 Buchanan, George, 43, 384. 
 
 Campbell, Archd., 183. 
 Campbell, George, 99. 
 Campbell, James, 113, 361. 
 
 Carmichael, Fred., 335, 337. 
 Carmichael, Gershom, 215, 336. 
 Cianranald, Lady, 360. 
 Clark, William, 100. 
 Clerk, William, 65. 
 Coates, William, 11. 
 Cochran of Culross, 112, 113, 
 
 133, 362, 395. 
 Colquhoun, John, 43, 65, 356, 
 
 387. 
 Condie, Ti)omas, 102. 
 Corse, John, 10, 346. 
 Craig, William, 335. 
 Craighead, George, 219. 
 Craigie, Robert, 27, 63. 
 Crockat, John. 65, 359. 
 Cumberland, Duke of, 82, 87, 
 
 92, 93, 97. 
 Cuming, John, 187. 
 Cuming, Patrick, 115, 166, 260, 
 
 319. 
 Cunningham, Charles, 18, 349. 
 Currie, James, 92. 
 Currie, John, 25. 
 Currie, William, 101. 
 
 Daling, Alex., 265, 274. 
 Dalrymple, David, 85, 86, 166, 
 
 328. 
 Deans, Robert, 286. 
 D:ck, Robt., 155, 169, 179, 363. 
 Dickie, John, 288. 
 Dickson, Adam, 142. 
 Douglas, Duke of, 71. 
 Dow, Thomas, 27, 356. 
 Drum more. Lord, 67, 85, 327. 
 Drysdale, John, 317, 329. 
 Dundas, Thomas, 67. 
 Dupplin, Lord, 345. 
 
 Edmonston, James, 332. 
 Erskine, Colonel, 133. 
 2 L 
 
398 
 
 [NDEX OF PERSONS. 
 
 Erskine, Ebenezer, 2, 4, 17. 
 Erskine, James, 85. 
 Erskine, John, 154, 336. 
 Erskine, Ralph, 3, 8, 17, 26. 
 
 Ferguson, Adam, 73. 
 Ferguson, Alex., 387. 
 Fernie, Thos., 112, 135, 265. 
 Ferrier, John, 27, 335, 355, 356, 
 
 369. 
 Finne, C. L., 343. 
 Fisher, James, 2, 17. 
 Fisher, Robert, 74. 
 Forbes, William, 99. 
 Fordyce, James, 72. 
 Eraser, Alex., 182, 370. 
 Eraser, Donald, 355, 392. 
 
 Gillespie, Geo., 17, 18, 19, 26. 
 
 Gillespie, Thomas, 265, 268. 
 
 Gillon, R., 348. 
 
 Glasgow, James, 63. 
 
 Glass, John, 10, 383. 
 
 Gordon, Charles, 393. 
 
 Gordon, Theodore, 348. 
 
 Govan, Archd., 182. 
 
 Gowdie, Professor, 166, 190, 319. 
 
 Grant, Patrick, 155. 
 
 Grant, Wm., 67, 84, 248, 326. 
 
 Gray, James, 155, 169, 363. 
 
 Gullan, William, 284. 
 
 Gusthart, W^illiam, 304, 337. 
 
 Haddow, George, 212. 
 Haggart, David. 157, 395. 
 Haig, Wm.,217, 292, 293. 
 Hamilton, Robert, 107, 260. 
 Hardie, H., 113, 141, 263, 395. 
 Hardwicke, Lord, 63. 
 Hart, John, 63. 
 Hay of Drummelzier, 141. 
 Henderson, Andrew, 392. 
 Henderson, Patrick, 292, 366. 
 Hepburn, John, 299, 315. 
 Heron, George, 215, 283. 
 Hesse-Cassel, Prince of, 92. 
 Hog, James, 383. 
 Home, John, 211. 
 Hughson, George, 94. 
 Hume, James, 23, 27, 351. 
 Hunter, David, 265, 271, 274. 
 Hunter, James, 156, 36.3. 
 Hunicr, John, 4. 
 
 Hunter, Robert, 64. 
 Hyndford, Earl of, 4, 15, 295. 
 
 Imrie, David, 216. 
 Innes, William, 64, 100. 
 
 Jameson, William, 336. 
 Jardine, John, 24, 195, 354. 
 Johnston, Edw., 69, 88,357,388. 
 Johnston, John, 217, 285. 
 
 Kay, George, 25. 
 Kelly, a priest, 25. 
 Kemp, James, 393. 
 Kennedy, John, 43, .393. 
 Ker, James, 391, 394. 
 Kinloch, Robert, 95, 316. 
 Knox, Andrew, 389. 
 
 Largue, George, 24, 368. 
 Lauder, William, 22. 
 Leechman, William, 43, 46, 386. 
 Leven, Earl of, 22, 296. 
 Likly, John, 67, 71. 
 Lindsay, Jas. (Dumbarnie), 145, 
 
 168. 
 Lindsay, Jas. (Lochmaben), 284. 
 Logan, George, 15, 298. 
 Loudon, John, 18, S48. 
 Lovat, Lord, 64. 
 Lumisden, John, 83, 315, 335. 
 
 Macaulay, Archd., 88. 
 Macaulav, John, 73, 91, 359. 
 M'Colm," Archd., 35. 
 M'Colm, D., 21, 384. 
 Macculloch, Alex., 25. 
 Macculloch, William, 187. 
 Macgillivray, Donald, 92. 
 Macghie, Gilbert, 44. 
 Mackenzie, ^Murdoch, 24,27,351, 
 
 369. 
 Mackenzie, Roderick, 41, 357. 
 Mackenzie, \Vm., 42, 357. 
 .Mackie, James, 190, 325. 
 Mackie, William, 101, 360. 
 Mackinnon, Laird of, 25. 
 Mackintosh, Robt.. 39, 63, 331. 
 IVIaciaggan, Alex., 73, 106, 185, 
 
 299, 3S9. 
 Macleod, Neil, 73,61,3.59. 
 Macmurtrv, David, 44. 
 M'Neill of Barra, 21. 
 
INDEX OF PERSONS. 
 
 399 
 
 Macqueen, Daniel, 336, 356, 3G8, 
 
 369. 
 Macvicar, Neil, 104. 
 Macwilliam, James, 359. 
 Mair, John, 64, 359. 
 Mair, Thomas, 3, 7, 8, 17, 26. 
 Maitland, William, 23. 
 Man, Gilbert, 25, 115, 156, 182, 
 
 390. 
 Man, James, 93. 
 Man, Thomas, 102, 388. 
 March, Earl of, 35. 
 Marchmont, Earl of, 119. 
 Marshall, David, 25. 
 Mathie, John, 62, 98. 
 Maxton, Patrick, 394. 
 Mercer, James, 18, 349. 
 ]\Iichie, Robert, 42, 357. 
 Mitchell, James, 384. 
 MoUison, James, 27, 356. 
 Moncrief, Alex., 2, 17. 
 Moncrief, John, 168. 
 Moncrief, Matthew, 3, 287. 
 Montfud, Thomas, 90, 105. 
 Moodie, Roger, 142. 
 Muirhead, John, 27, 356. 
 Muirison, James, 43, 358. 
 
 Nairn, John, 20, 27, 355. 
 Nairn, Thomas, 3, 17. 
 Naismyth, James, 297, 308. 
 Nimmo, John, 43, 357, 370. 
 Nimmo, Wm., 65, 71, 91, 358. 
 
 Ogilvie, George, 68. 
 Oliphant, Alex., 10, 346. 
 Onslow (The Speaker), 63. 
 Oswald, James, 155, 168, 185, 
 186, 363. 
 
 Paterson, David, 44. 
 Paton, Robert, 86, 166, 188,324. 
 Pitcairn, James, 11, 27, 347, 355. 
 Plenderleath, David, 104. 
 Plummer, Andrew, 35. 
 Prestongrange, Lord, see Grant, 
 
 William, 
 Punton, William, 88. 
 
 Ramage, James, 73. 
 Ramsay, James, 5, 22, 299. 
 Richardson, Andrew, 182, 217, 
 222, 262, 272. 
 
 Robe, James, 46, 61. 
 Robertson, Gilbert, 182. 
 Robertson, James (Lochbroom), 
 
 61, 62, 359. 
 Robertson. James (Cromarty), 
 
 217,366. 
 Robertson, William, 211, 231, 
 
 262, 366, 367. 
 Rodger, John, 71,90,358. 
 Rogers, John, 18, 349. 
 Ross, Donald, 36, 355. 
 
 Scott, Thomas, 18, 348. 
 Seraple, Samuel, 24, 35, 354. 
 Simpson, George, 62, 99. 
 Simson, Tliomas, 291, 360. 
 Skeldoch, John, 114. 
 Skirving, John, 182, 365. 
 Sloan, William, 292. 
 Smith, W., 379. 
 Speirs, Robert, 43. 
 Spence, David, 114, 361. 
 Spence, John, 265, 274. 
 Spence, Nicol, 39. 
 Stark, Robt. (Kinross), 8, 265. 
 Stark, Robt. (Torryburn), 265, 
 
 268. 
 Steel, Wm. (Dalserf), 161, 166. 
 Steel, Wm. (Sorn), 116, 166, 196. 
 Stewart, James, 63, 333. 
 Stewart, William, 386. 
 Stoddart, Jas., 136, 265, 362. 
 Storer, John, 27, 355. 
 Sutherland, John, 212. 
 Syrae, Jas., 182, 185, 365. 
 
 Taylor, Lachlan, 101. 
 Thorn, Wm., 102, 106, 361. 
 Thomson, David, 280. 
 Thomson, Jas., 3. 10, 15, 17,26. 
 Thomson, R., 385. 
 Traill, Robert, 156, -363. 
 Trotter, William, 113, 134, -362. 
 Tullidelph, Thos., 26, 212, 299. 
 TurnbuU, Patrick, 95. 
 Turner, Thomas, 348, .368. 
 Tweedale, Marquis of, 27, 303. 
 
 Vilant, William, 11,347. 
 
 Walker, John, 337. 
 Walker, Robert, 336. 
 Walker, William, 42. 
 
 2 L 2 
 
400 
 
 INDEX OF TLACES. 
 
 Wallace, Robt., 38, 45, 63, 300. 
 Watson, Jas., 156, 181, 188, 367. 
 Weath, John, 41, 357. 
 Webster, Alex., 28, 63, 243, 264, 
 
 302,311,335. 
 West, Samuel, 215, 366. 
 Westhall, Lord, see Dalrymple, 
 
 David. 
 Willison, John, 7. 297. 
 Wilson, James, 393. 
 Wilson, William, 2. 17. 
 Wingate, Robert. 286. 
 Wi.shart, Georjre, 45, 63, 86, 107, 
 
 112,316,329. 
 
 Wishart, William, senior, 309. 
 Wishart. William, j««?or. 27, 66, 
 
 83. 190, 209, 309. 
 Witherspoon, John, 242, 336. 
 Wodrow, Patrick, 69. 
 Wodrow, Robert, 14, 35. 
 
 Yair, James, 27. 356. 
 Yates, Robert, 66. 
 Younof, David, 212. 
 Young, James, 74. 
 Young, Robert, 41, 95, 357. 
 
 II. INDEX OF PLACES. 
 
 Abdie, 286. 
 
 AberbrotI)ock (Presbytery), 95. 
 
 Aberdeen, Ad, 315. 
 
 (Presbytery), 95. 
 
 Abernetbv, 379. 
 Alloa, 182, 185, 186, 365. 
 Alvtb, 112,393. 
 Amsterdam, 280, 294. 
 Andrews. St., 212, 300. 
 Annan, 38- 
 Auchterderran, 354. 
 Auchtcrmuchty, 22, 394. 
 Avoch, 370. 
 Ayton, 288. 
 
 Baldernock, 43. 65. 356, 387. 
 Balmaclellan, 101, 360. 
 Barr, 74. 
 
 Barra, 21, 92 note. 
 Bedrule, 102,361. 
 Belhelvie, 102. 388. 
 Bervie, 27, 356. 
 Biggar, 217, 292. 
 Borrowstounness, 99. 
 Bowden, 2.3, 27, 352. 
 Bower, 10, 340. 
 Brechin, 72, 349. 
 
 Breslau', 168, 219, 282, 293, 340. 
 Bressa, 287. 
 Burntisland, 26, 393. 
 
 Campvere, 27. 
 
 Canna, 25. 
 
 Canongate, 27, 355, 369. 
 
 Carnbee, 20, 27, 354. 
 
 Caputh, 383. 
 
 Cathcart, 111,390. 
 
 Ceres, 18, 348- 
 
 Cluny, 42, 357. 
 
 Cockburnspath, 114, 362. 
 
 Colessie, 62, 98, 394. 
 
 Contin, 24. 
 
 Cortachy, 88, 360. 
 
 Craigie, 68. 
 
 Cromartv, 217, 291, 293, 366. 
 
 Crosskirk, 92. 
 
 Culross, 1 12, 113, 133, 348, 362, 
 
 368, 395. 
 Cupar, 69, 388. 
 Currie, 18, 349. 
 
 Dairsie, 102. 
 Dalgety, 10, .367. 
 Dalrvmplc, 308, 370. 
 
INDEX OF PLACES. 
 
 401 
 
 Dalion, 215, 284. 
 Ualziel, 27, 356, 369. 
 Dingv/all, 24, 27, 351, 369. 
 Dores (Invernesshire), 389. 
 
 (Kincardiiiesliire), 95. 
 
 Dry men, 384. 
 Duddingsion, 384. 
 Dumfries, 219. 
 Dun, 391, 394. 
 Dunbog, 100. 
 Dundee, 215, 359, 366. 
 Dunfermline, 26. 
 
 ( Pres. ). 222, 263. 
 
 Dunkeld, 103, 388, 394. 
 Dunnichen, 385. 
 Dunse, 141. 
 Durinish, 369. 
 Dysart, 23. 
 
 Earlston, 320. 
 
 Edinburgh Castle, 63, 217, 285. 
 
 Ellon, 393. 
 
 Falkirk, 27, 43, 308, 356, 369, 
 
 370. 
 Falkland. 100. 
 Farr, 114. 
 
 Fearn, 36, 355, 392. 
 Fetteresso, 393. 
 Fordoun, 99. 
 Forfar (Presbytery), 88. 
 Forgan, 218. 
 
 Garioch (Presbytery), 67. 
 Glasgow, 46, 386. 
 Glenlsla, 384. 
 Govan, 102, 106, 361. 
 
 Humbie, 187. 
 
 Inverkeitbing, 182, 217, 222, 262. 
 
 Inverness, 27, 369. 
 Irvine, 218, 367. 
 
 Johnstone, 370. 
 
 Keig, 95. 
 
 Kells, 351. 
 
 Kelso, 5, 299. 
 
 Ken noway, 156, 181, 365. 
 
 Kilmalie, 90. 
 
 Kilmaurs, 1 1 . 
 
 Kiipatrick (Old), 66. 
 
 Kilwinning, 387. 
 Kinairnie, 24, 368. 
 Kinethmont, 348. 
 Kingsbarns, 11, 347. 
 Kiniiaird, 389. 
 Kinndl, 43, 353. 
 Kirkbean, 386. 
 Kirkcaldy, 25. 
 Kirkcowan, 63. 359. 
 Kirkgunzeon, 100. 
 KirkbilJ, 385. 
 Kirkmabreck, 292. 
 Kirkpatrick- Fleming, 92. 
 
 Lanark (Presbytery), 73. 395. 
 (Town), 155, 169, 362. 
 
 Langholm ( Presbyterv ), 38. 
 
 Larbert, 369. 
 
 Largo, 27, 369. 
 
 Leitb, 18, 20, 349, 369. 
 
 Leslie, 95. 
 
 Lewis, 33. 
 
 Liberton, 24, 35, 354. 
 
 Linlithgow (Presbytery), 208. 
 
 Lithuania, 20. 
 
 Lochbroom, 36, 41, 61, 357, 359. 
 
 Lochmaben (Presl>v)erv), 70. 
 
 Logie, 183,215,366. ' 
 
 Long Island, 33. 
 
 Longnewton, 287. 
 
 Madertv, 345. 
 
 Manor,'35, 336. 
 
 Mauchline, 69. 
 
 Meldrum (Old), 68, 71. 
 
 Menmuir, 68. 
 
 Methven, 155, 168, 185, 363. 
 
 Middlebie, 38. 
 
 Moffdt, 69, 88, 357, 370. 
 
 Moneidie, 25, 115, 156,390. 
 
 Monkton, 42. 
 
 Mungo, St., 216. 
 
 Nairn, 394. 
 Newburgb, 183. 
 New Jersey, 288. 
 Ninians, St., 218, 325. 
 
 Orwell, 26. 
 
 Paisley, 113,361. 
 Parton, 65, 359. 
 Pennsylvania, 280, 293. 
 
402 
 
 GENERAL INDEX. 
 
 Perth & Stirling (Synod of), 
 Pitsligo, 64. 
 Prestick, 42. 
 
 Queensferry (South), 88. 
 
 Rain, 64, 359. 
 Rathen, 24, 368. 
 Renfrew^, 324. 
 Rescobie, 156, 365. 
 Roberton, 65, 71, 90, 358. 
 Ruthven, 21. 
 
 Scone, 101. 
 Skene, 100. 
 Sorn, 1 16. 
 
 Stirling. 72, 367, 369. 
 Strath, 25. 
 Strickathrow, 95. 
 
 40. 
 
 Tain, 182, 270. 
 
 Tannadice, 41, 357. 
 
 Tarbet, 182, 865. 
 
 Tealing, 10, 3a3. 
 
 Terreagles, 215, 283. 
 
 Tongland, 112. 
 
 Torphichen, 156, 181, 198, 367. 
 
 Tranent, 18. 349. 
 
 Tulliallan, 368. 
 
 Uig, 369. 
 
 Uist (Presbytery), 27, 92 note. 
 
 (South), 73, 91, 359. 
 
 Urray, 155. 
 
 Whittingham, 297. 
 
 Zetland (Presbytery), 94. 
 
 III. GENERAL INDEX OF MATTERS. 
 
 Act and Testimony of the Seceders, 3, 
 15, 297. 
 
 Act and Declinature of the Seceders, 7. 
 
 Acts of Assembly, 64, 65. 
 
 Adultery, 44, 73, 157, 221 note, 386, 
 388. 
 
 Advocates—Overture respecting mem- 
 bers appearing as Counsel, 180, 
 197 — The number to be heard at 
 the bar, 385 — Not heard in a refer- 
 ence, 390. 
 
 Advocates' Bar, Petition from the 
 Keeper, 133. 
 
 Agent for the Church, Election of. 
 39_Notices of, 331. 
 
 Annexation of Parishes, 11, 20 
 
 Appeal cast's, Overtures anent, 25, 
 34,41. 
 
 Attendance of members, 23, 26, 33. 
 
 Augmentation Si-hcine, — Proposed, 
 108, 114; discussed, 116; Com- 
 mittee appointed, 130 ; their Re- 
 port, 158; plan fixed, 165; Dis- 
 sent from, l(-7; proceedings in 
 
 London, 1 90 ; the scheme defeated, 
 196, 282; documents relating to 
 it, 370. 
 
 Baiilie's Letters, 20. 
 
 Bigamy, 44, 221. 
 
 Boyd's Hecatomhe Christiana, 22. 
 
 Buchanan's P.salms, 22. 
 
 Calendar, Alteration in, 282. 
 
 Calls, Overtures and Acts anent, 98, 
 108, 157. 
 
 Chaplains in the army, 63, 73, 217, 
 285. 
 
 Child-Murder, 219. 
 
 Clerk, (Principal) Election of, 84, 
 85— Deputation by, 67, 112— No- 
 tices of, 329, 331. 
 
 Clerk (Sub-), Election of, 89— No- 
 tices of, .331. 
 
 Clerk of the Widow's Fund, 63. 
 
 Collection for a Tangiers captive, 44 ; 
 for tlie Society for Propagating 
 Christian Knowledge, 102, 153; for 
 
GENERAL INDEX. 
 
 403 
 
 the Breslaw Church, 168, 2l9, 
 
 •28J, 293, 340 ; for Peunsylvania 
 
 Churches, 280. 293. 
 Collector of the Widows' Fund, 63 — 
 
 Notice of, 333. 
 Commissioners, (Lords High) Notice 
 
 of, 295 — Ministers who preached 
 
 before them, 335. 
 Commissioners to the Assembly, 23, 
 
 42, 64, 67, 72, 90, 212. 
 CuUoden, (Battle of) Addresses on, 
 
 82, 84— Thanksgiving for, 87. 
 
 Discipline, Cases of, 394. 
 
 Dissent from the Augmentation- 
 Scheme, 167. 374 ; in the Torphi- 
 chen Case, 209 ; in the Inverkeith- 
 ing Case, 230, 242. 
 
 Dissents, Efifect of, 284. 
 
 Elders of Assembly, Recommendation 
 
 anent, 155; their Commissions, 
 
 67. 
 Elders, Processes against, 98, 357, 
 
 394. 
 Episcopalian Nonjurants, 98, 108. 
 Excommunication, Sentence of the 
 
 Greater, 44, 73, 394. 
 
 Fast-days, 14, 22. 
 Fellowship-Meetings, 212. 
 Funds of the Church, 86, 286. 
 
 Gaelic Students, 43, 73, 114. 
 Vocabulary, 338 note. 
 
 Highland Regiment, 73. 
 Highlanders in Edinburgh, 114. 
 Highlands, State of, 21, 25, 153, 157, 
 338. 
 
 Irish Bible, 288. 
 
 . Dictionary, 21. 
 
 Ordination, 284. 
 
 Johnston's Latin Psalms, 22. 
 
 Kirk-Sessions — their rights as to the 
 Poor, 187, 218, 281. 
 
 Landed Interest, Case of the, 374. 
 Libel, Cases of, 383. — ^ee the former 
 
 Indices for the particular cases. 
 Libraries, Public, 21,35. 
 Licenses of Probationers, 35, 67 
 
 See Probationers. 
 Lithuanian Student, 20. 
 
 Lord's Supper — Overture on its more 
 frequent celebration, 153, 169,214 
 — Diets of worship at, 212. 
 
 Maitland's History, 23. 
 
 Manuscripts — See Beyisters. 
 
 Marriages, Clandestine and Irregular, 
 44, 94, 219, 220, 394. 
 
 Ministers, character of 67, 69^-Pro- 
 cesses against, 383. 
 
 Ministers Family — the estimated ex- 
 pense of its support, 158 note. 
 
 Moderate Partv, JManifesto of the, 
 227, 230, 231, 320. 
 
 Moderators, Notices of, 297 — their 
 Addresses, 283, 297. 
 
 Money (Public) 86, 286. 
 
 Non-Residence, Case of, 384. 
 
 Paraphrases in Verse, 26, 34, 64, 70, 
 71, 91, 101, 111, 153, 182,214. 
 
 Parishes, Annexation and Suppression 
 of, II, 20 — Disjunction of from a 
 Preshyteiy, 72 — See Settlements. 
 
 Patronage, 1, 183, 188, 189, 196, 
 215,267,268,276. 
 
 Peace of Aix-la-Chapelle, Address on, 
 153. 
 
 Perth and Stirling, Synod of — its 
 meetings fixed, 41 . 
 
 Plurality, Case of, 114. 
 
 Poor, Laws relating to, 99, 187, 218, 
 281. 
 
 Popery, State of, 64, 65, 101, 109, 
 219. 
 
 Popular Party, Manifesto of the, 227, 
 230, 242, 321. 
 
 Prayer, Leechman's Sermon on, 47, 
 386. 
 
 Prayers for the Royal Family, 189, 
 197. 
 
 Presbyteries — Overture anent their 
 disobedience, 169 ; anent their 
 sending no opinions on overtures 
 transmitted, 169, 219, 281 ; Erec- 
 tion of, 313, 3S. 
 
 Printers to the Church, 65, 335. 
 
 Probationers, Overture anent infor- 
 mations against, 67, 91, 101, 112, 
 156, 182, 219, 392 ; Processes 
 against, 391 ; Overture and Act 
 anent their license, 20, 25, 33, A.\ 
 64,74,91, 101,112,157, 162,219, 
 391. 
 Procedure in the Assembly — Ovei ture 
 regarding, 281. 
 
404 
 
 GENERAL INDEX. 
 
 Prucosves (isj lin^t Milliliters, 383 ; 
 
 Pi-dbatiiiners, 391 ; Schooliuasteis, 
 
 393 ; El<lei s, 394. 
 Piocurator for the Church, Election 
 
 of, 84 ; Notices of, 386. 
 Procurator's Clerk, 182. 
 Profaneru'ss and Immorality, Laws 
 
 against, S3. 
 Psalmody, HI. — See Paraphrases. 
 
 Rnnlcenian, Club, 300. 
 
 Rebellion of 1745, Warning against, 
 75, 87 ; Conduct of the Clergy, &c. 
 87, 88. 103, 105, 11-2, 113, 361, 
 3SS, 393 ; their sufferinos, 90, 94, 
 95, 105. 389 ; Proclamation re- 
 specting, 92. 
 
 Reaisters'of the Church, 14,20,21, 
 35, 60. 93. 
 
 Relief, Ori-inof the. 279. 
 
 Reponing of Glass, 10; Brown, 102; 
 Adam, 111. 
 
 Revnhitinn-Principles, Overture on, 
 109, 130. 
 
 Riots at Lana:k, 170, 172, 363; at 
 Alloa, IS5, 188, 365. 
 
 Roval Bounty Committee, 21, 65, 
 340 77ote. 
 
 Royal Family, Prayers for, 189, 197. 
 
 Sabbath Profanation, 374. 
 Scandals, Manner of purging, 25, 34. 
 Schools, Visitation of, 153. 
 Schoolmasters of Scotland— Their 
 
 Augmentation- Scheme, 132, 376; 
 
 Processes against, 393. 
 Scots Clergy, Case of the, 190. 
 Seceders, Reference anent, 73, 395. 
 Seceding Ministers, Proceedings a- 
 
 giinst, 2, 3; libel served, 4; dis- 
 
 cussed, 5 ; the ministers arc cited, 
 7, 14, deposed, 17. 
 
 Secession, Origin of toe, 1. 
 
 Settlements of Parishes, Notes on 
 Disputed, 344 — The jmrticiilar 
 cases will be found in the Indices 
 of Persons and Places. 
 
 Singing, Directions as to, 87. 
 
 Society for Propagating Christian 
 Knowledge, Collections for, 102, 
 153 ; Ministers who preached be- 
 fore, 337 ; Notice of its proceed- 
 ings, 338. 
 
 Smuggling, Act against, 61. 
 
 Stipends, Table of, 161, 162 See 
 
 Augmentation- Scheme. 
 
 Synod-Books, 26, 74, 157. 
 
 Testimony — ^ee Act. 
 Translations. — ^ee Paraphrases. 
 Transportation, Cases of, 367 — See 
 
 the two former Indices fur the 
 
 particular instances. 
 
 Vernon's Victory, Address on, 23. 
 Viaticums, 25, 114. 
 Voting in the Assembly, Regulation 
 respecting, 112. 
 
 V/ales, Prince of — Address on his 
 death, 190. 
 
 Witnesses not disqualified from being 
 judges, 106, 389. 
 
 Widows' Fund, Origin of, 27, 37, 
 303; Plan fixed, 38; ActofPar- 
 lijir.ent obtained, 45, 46, 62, 63; 
 Registers appointed to be kept, 61, 
 71 ; Collector and Clerk elected, 
 63 ; State of in 1 745, 66 ; Scheme 
 amended, 107, 157. 
 
 PRINTED BY JOHN M.'XLCOM, OUEENOCK. 
 

 Date Due 
 
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