words shall be expunged from the libel; and farther, that the charge in the libel shall be restricted to the year 1808; and that the words in the conclusion of the

66

libel or otherwise censured according to the demerits of what shall be proven against you, shall also be expunged from the said libel. But affirm the sentences of the Synod of Fife and Presbytery of St Andrew's in all other points, finding the libel duly served and relevant, and ordain the Presbytery of St Andrew's to proceed to take the proof of the said libel with all convenient speed, according to the rules of the Church; reserving to Dr Playfair his right to state all competent objections, either to questions or witnesses, in the course of the probation; and farther reserving to him, after the probation shall be finished, his right to offer a proof of all facts and circumstances tending to his exculpation. And the General Assembly ordain the Presbytery of St Andrew's to proceed in the proof, notwithstanding any appeals or complaints which may be taken, with regard either to the competency of questions or admissibility of witnesses, though without pronouncing any sentence on the proof, while such complaints and appeals are depending; and, in respect it appears that the libel has not been duly subscribed, the Moderator and Clerk of the Presbytery are hereby appointed to subscribe the said libel, before any probation shall be led. And the General Assembly recommend to all the parties concerned to avoid unnecessary delays, complaints, or appeals, that this cause, so important to the comfort and usefulness of the minister in question, and to the honour and character of this Church, may be soon brought to a final decision. And therefore the General Assembly did, and hereby do, sustain, affirm, and ordain, in terms of the said motion.

Wednesday, May 27.

A petition was transmitted to the General Assembly for Alexander M'Kenzie, Esq. of Ord, and William Reid, Esq. of Muirtoun, heritors of the parish of Urray, and others, inhabitants of said parish, appellants against a sentence of the Presbytery of Dingwall, respecting the settlement of Mr Donald M'Donald, present minister of Barvas, in the Presbytery of Lewis, presentee to the said parish of Urray.

Henry Cockburn, Esq. Advocate, appeared as Counsel for the appellants, and Mr M'Kenzie, minister, Fodderty, a mém June 1812.

ber of the Presbytery, with Francis Jeffrey, Esq. as his Counsel, for the Presbytery. After parties were heard, "the General Assembly unanimously agreed to express, as they do hereby express, their high disapprobation of the spirit with which the opposition to the settlement of Mr M'Donald, as minister of Urray, has been conducted, and their abhorrence of the unchristian arts and practises which that spirit has produced: And the Assembly also unanimously agree to dismiss, as they hereby dismiss, the appeal as frivolous and vexatious, and appoint the Presbytery of Dingwall to take the regular steps to prosecute, before the competent court, the translation of Mr M Donald from the parish of Barvas to the parish of Urray, in order to his admission as minister of that parish, with all convenient speed, according to the rules of the Church."

It was moved and seconded, that to this judgment the Assembly should subjoin the following appointment :-"nd if the Presbytery of Lewis shall see cause to loose Mr M'Donald from his present charge, they appoint his settlement, as minister of Urray, to take place at the distance of not more than six weeks from the day on which there shall be delivered to the Moderator of the Presbytery of Dingwall, an extract of the sentence of the Presbytery of Lewis, loosing him from his pastoral charge at Lewis. And the General Assembly having no doubt that all the members of Presbytery will be disposed to unite in repressing the spirit that has appeared in the parish, appoint all the members of Presbytery to attend on the day of meeting, when the settlement shall be appointed, and also on the day of settlement."

Objections were stated to this addition, and a vote being called for, it was agreed, that the state of the vote should be addition or not; being understood that if it carried addition, the addition should make part of the sentence of the Assembly. The roll was called, and it was carried, by a great majority, addition. The General Assembly, therefore, "Do appoint the settlement of Mr M'Donald to take place as above enjoined, and all the members to attend as they are above instructed.

From this sentence the following gen tlemen dissented:- Mr David Dickson, Mr Wilkie, Mr French, Mr Dick, Mr William M Lean, Mr Foote, Mr Hamil❤ ton, Mr Roderick M'Leod, Mr Sprott, Dr Scott, and William Murray, Esq.

Thaneday,

Thursday, May 28.

Came on the cause of the reverend James Paterson, minister of Rousay, in the Presbytery of North Isles, by an appeal of the Reverend William Grant, minister of Crossburn, from a sentence of the Synod of Orkney. Mr Jeffrey appeared for Mr Grant, and Mr Cockburn for the synod. The counsel for Mr Grant opened the cause, by remarking that it was a case of a very extraordinary nature, both oppres'sive and vexatious to Mr Paterson and subversive of the fundamental laws of the church He then stated, that Mr Paterson had been no less than seven years harrassed before the inferior courts, and that a statement of facts was only necessary in order to convince the venerable Assembly of his complete innocence of the crimes 'charged: that being deprived of a lovely and highly accomplished wife, in the very 'bloom of youth and beauty, this domestic calamity proved too severe for his tender 'and feeling heart, in consequence of which both his body and mind underwent a visible change. That since that period several diseases and infirmities had affected his body, and his mental vigour was at times considerably abated. That in consequence of this, his bad health had produced such effects as had been imputed to intoxica'tion: that the only two instances brought against him were groundless. The first he adverted to was, that he had been seen in the public market in a state of intoxication, and that he had purchased victual or meal at a price above the common. To this Mr Jeffrey replied, that he had on that day performed a journey of about forty miles, and that being enfeebled and worn out with fatigue, he had taken the only refreshment which was within his reach; and that having come for the purpose of procuring provisions for his family, which he could obtain at no nearer distance, it was the great exertions which he had made in his journey that produced these effects, which were imputed to intoxica

tion.

The other instance alluded to, that he had been intoxicated on the Lord's day, when the sacrament was to be administered, and was unqualified to perform his sacred duties, it was answered, proceeded from båd health and his general infirmity. -Mr Jeffrey proceeded to mention, that it was rather a singular circumstance, that while there was no fama existing, either in his own parish or in his own presbytery, that it should commence at the Synod

of Orkney. But so it was, that in the synod it was stated, that a fama clamosa existed against Mr P. therefore the synod appointed the Presbytery of North Isles to inquire into the same, and also appointed four of their own members to meet with them. The counsel observed, that as the Presbytery only consisted of six members, and that the pannel himself could not vote in his own cause, this was in fact appoint. ing a committee of the Synod, in direct opposition to all rule of procedure ever ob. served in the church courts: that accord. ing to the form of processes, every com. plaint against a minister must first come before his own Presbytery; that he must be conversed with in private, and admonish. ed, in order to reformation, before bringing the matter publicly into court; but that instead of observing any, one of the rules laid down in the form of processes, the Synod enjoined the Presbytery, along with the said four of their own number to investi. gate the fama clamosa. Accordingly they met, and having called the reverend Mr Paterson before them, he pleaded that it was want of health that had unqualified him for the discharge of his duty. Overpowered, however, by numbers, the Presbytery found him guilty of irregularity, and suspended him for six weeks. Naturally of a mild disposition, and, through the feebleness of his constitution, unfit to contend at church cavils, he submitted to their harsh and unjust sentence. The time of his suspension being ended, he returned to his duty, and continued to perform it to the edification and high satisfaction of his parish, who, as they had better access to know the character and infirmities of their minister, were more disposed to bear with him, in the spirit of christian charity, than his Synod. In this state of mutual harmony Mr P. and his parishion. ers continued, until three years after, when another fama arose, not at home, but abroad, even in the Synod of Orkney, in August 1810. The Synod, accordingly, of that date, enjoined the Presbytery to in quire anew into the report. The presby. tery met, and examined several witnesses; but, instead of any crime appearing against him, letters were received from three of the heritors, and a petition from the most of the heads of families, requesting that they would proceed no farther against Mr P. for a whole year. In this state of the case, the presbytery, as they saw that Mr P.'s usefulness was not lessened, and that the people were warmly attached to his ministry,

ministry, agreed to sist all procedure, against him. The Synod, however, at their next meeting, censured the Presbytery, for not proceeding to libel Mr Paterson, and renewed their appointment; against which sentence, Mr Grant appealed to the General Assembly. The substance of the counsel's argument was, that it was contrary to all form for a Synod, who was a court of review in the first instance, to prefer any complaint against a minister; and that the very existence of any crime whatever was evidently suspicious, as the fama did not originate in the only place where it could and ought to have originated, in his own presbytery.

The counsel for the Synod endeavoured to defend their conduct from the notoriety of the fama, and the neglect of the Presbytery to do their duty: that the nature of the cause was to be learned from positive facts, and not from the commentary of his learned antagonist, whose abilities always rose in proportion to the weakness of his cause

that several instances of intoxication could be brought against the pannel; and that, as the heritors, upon his removal, would have two ruined churches, and a manse to repair or rebuild, therefore, they bad influenced according to the well-known authority of Highland chieftains, their tenants to petition to have Mr P. continued in his charge.

Mr Grant also spoke a few words in defence of his appeal, and produced an ample certificate under the hands of a physician, stating that the irregularities charged against Mr P. arose from his state of health, and not from intemperance. Parties being heard and removed, several members of the Assembly delivered their sentiments, and, in strong language, reprobated the harsh and illegal conduct of the Synod of Orkney; and, after deliberation, pronounced the following sen

tence :

leave it to the Presbytery of the North Isles to proceed on the libel, with which they served Mr Patterson, on October 16, 1810, or not, as they shall see cause; and the General Assembly also agree to reverse, and they hereby do reverse the sentence of the synod of Orkney, of the date of May 21, 1811, appointing corresponding ministers to act with the Presbytery of the North Isles, declaring that it was incompetent and unconstitutional in the Synod of Orkney to make any such appointment, and discharging and prohibiting them in future to send corresponding members to any presbytery, within their bounds." Friday, May 29.

Came on before the Assembly the cause of the reverend Mr Davie, of 1nchture, who was accused of fornication, by an ap peal from a sentence of the Synod of Angus and Mearns, and of the presbytery of Dundee. Mr Jeffrey appeared as counsel for the appellant, and Mr Cockburn for the parishioners; and Dr Nicol and Mr Thomson for the Presbytery. Mr Jeffrey stated, that the presbytery had, two years ago, libelled Mr Davie upon a fama clamosa ; that after they had done so, the woman and her father appeared as accusers, and that after a precognition taken, had dropped from their libel; that they had renewed their libel, and were proceeding to take proof, when certain persons, of the parish of Inchture, petitioned the Presbytery for leave to present a libel with several charges not exhibited in the former libel by the Presbytery. Against this it was argued that an appeal had been taken against the Presbytery, proceeding to libel anew, but in defiance of that appeal the Presbytery proceeded, and were about to take proof without Mr Davie having any opportunity to object or plead to the relevancy of the libel.

and that, being legally advised, it appeared to them the most prudent mode, to permit the parishioners to libel in their own name. With much warmth, he adverted to the great anxiety that he and all the members of his Presbytery felt, and their desire to have justice administered, and matters set

at rest.

After several of the members had delivered their sentiments, a vote was put and carried by a majority, that the parishioners should be allowed to libel. A petition for William Watt, shoemaker,

in

în Aberdeen, appellant, against a sentence of the Synod of Aberdeen, was next read. After parties were fully heard, the Assembly agreed without a vote to dismiss the appeal, and affirm the sentence of the Synod.

Saturday, May 30.

The report of the Trustees of the Widows' Fund was given in, and ordered to lie on the table. And, on motion, the thanks of the Assembly were given from the chair to Sir Henry Moncreiff Wellwood, the Collector, for his attention and fidelity to the discharge of his office.

The Assembly took into their consideration the petition for Mr George Anderson, minister of Lochell and Cushnie, appellant, against a sentence of the Synod of Aberdeen, of date October, 1811, upon a reference from the Presbytery of Alford, respecting his cause, of date 8th May, 1811. -There appeared at the bar Mr Anderson, for himself, and Mr Scott, at Glenbuckett, for the presbytery of Alford, with Mr Francis Jeffrey as their counsel -For the Synod, Drs Skene Keith, and Cruden, and Messrs. Bryce and Douglas, with Mr H. Cockburn as their counsel; and for Sir W. Forbes, of Craigievar, patron of the parish, Mr Skene as his counsel. After hearing parties fully, the General Assembly unanimously agreed to reverse the sentence of the Synod of Aberdeen, inflicting a censure upon the conduct of the Presbytery of Alford, and upon that of Mr Anderson, which, in the opinion of the Assembly, deserved no censure, and therefore did, and hereby do reverse the same -and the General Assembly recommend it to the Presbytery of Alford to take the proper steps to have the matter in dispute ascertained, viz. whether the lands of Corse be annexed quoad sacra to the parish of Lochell, or not, &c.

The Assembly then took up a petition for Mr James Bryce and Mr Robert Douglas, complainers, against two sentences of the Synod of Aberdeen, of the 9th October 1811, and 16th April last. Messrs. Bryce and Douglas, with Mr H. Cockburn, as their counsel, appeared at the bar and for the synod, Dr Skene Keith and Mr G. Morrison. This cause arose from appointing Mr Boyd, son of the minister of Crimond, to be schoolmaster of that parish.-Parties being fully heard, the Assembly did, and hereby do reverse the sentence of the Synod of Aberdeen. Find, that the dissenting members of the Synod are entitled to be put in possession of a copy of the original jottings of

the Presbytery of Deer, in October 1810, as the only method of substantiating their complaint to the Supreme Court. And the General Assembly enjoin the Synod to take the proper steps for furnishing them with the said copy; but in respect that the members of the Presbytery of Deer, appellants against the sentence of that Presbytery, of the above date, have fallen from their appeal, find that Mr Boyd, who was elected schoolmaster at Crimond, is entitled to be put in possession of a sufficient extract from the minutes of Presbytery, bearing that he had appeared, produced the attestations required, and certifying that he had been found, upon trial, duly qualified for discharging the duties of the office to which he had been elected.

The Assembly next took under consideration, a petition for Messrs. Halket, Mitchell, and M'Laren, members of the Presbytery of Meigle, against certain sentences of the Synod of Angus and Mearns, in the cause against Mr Burns, minister at Glenisla.-After hearing the appellants, and some members of the Synod in reply, the General Assembly gave the following deliverance, viz.-Find, that the Synod took up the cause upon the appeal of certain members of Presbytery, who had no right to appeal; that the sentence of the Synod was of course incompetent, and therefore they agree to reverse the said sentence, and they did, and thereby do reverse the same accordingly.

Monday, June 1.

A petition was transmitted to the General Assembly, from James Campbell of Bedley, Esq. and others, heritors of the parish of Calder, appellants, against a sentence of the Synod of Glasgow and Ayr, relative to the appointment of an assistant and successor to the present minister of Calder. Parties being called, compeared for the appellants, John Jardine, Esq. advocate; for the Synod, Mr Lapslie, Dr M'Lean, and Dr. Rennie, ministers of that Synod, with Henry Cockburn, Esq. advocate, as their counsel, and also counsel for Charles Stirling, Esq. and other he ritors of the parish of Calder, respondents. Parties being heard, the Assembly unanimously agreed to sustain the appeal, and reverse the sentence of the Synod of Glasgow and Ayr, and they enjoin the Presby. tery of Glasgow, not to proceed in the settlement of an assistant and successor to the minister of Calder, until the cause now depending in the civil court be determined.

The report of the Committee of the public

He accounts being produced and approven of, upon a motion the thanks of the house were given, from the chair, to the procurator, for the persevering attention, and uniform care and diligence which he has shewn in the management of the business entrusted to his care; and thanks were at the same time given to Messrs. W and J. Murray, agents for the church, for the industry and fidelity with which they continue the duties of their office.

The report of the Committee on the Psalmody being read, the Assembly approve of the diligence of said Committee, and renew their appointment.

The report of the Committee, appointed to consider the overture from the Synod of Aberdeen, respecting the public reading of the Scriptures, being read, the Assembly approve of this report and recommend in terms thereof, and appoint the recommendation to be inserted among the printed acts of Assembly.

The causes not discussed were referred to the commission.

His Grace the Commissioner made an elegant speech from the throne, and dissolved the Assembly in the name of the Prince Regent, on behalf of his Majesty, and appointed the next Assembly to meet on the 20th May, 1813.

The Moderator then dissolved the Assembly in the usual form.

APPOINTMENTS.

(From the London Gazette.) May 8.-The honour of Knighthood was conferred on Thomas Tyrrwhitt, Esq. M.P. and on Robert Hugh Kennedy, Esq. Commissary-General to the forces.

May 19.-The Reverend Andrew Mac. culloch was presented to the church and parish of Colvend, in the Presbytery of Dumfries, and stewartry of Kirkcudbright, vacant by the death of Mr James Little; and the Reverend John Mackinnon, to the church and parish of Sleate, in the Presbytery and Isle of Sky, vacant by the death of Dr M. Macpherson.

May 22. The honour of Knighthood was conferred on the following persons, as proxies for five of the Knights of the Most Honourable Order of the Bath, at the ensuing installation :

Alexander Hood, Esq. proxy for Sir Samuel Hood.

Paul Baghott (late Wathen) Esq. proxy for Lord Viscount Strangford.

George Adam Wood, Esq. (LieutenantColonel of the Royal Artillery) proxy for Sir John Coape Sherbrooke.

John P. Beresford, Esq. (Post-Captain in the Royal Navy, and M. P. for Coleraine) proxy for Sir William Carr Beres ford.

John Maxwell Tylden, Esq. (a Major in the army) proxy for Sir Samuel Achmuty. -And also on

David Davidson, of Cantray, Esq. Major in the Local Militia for the county of Nairn.

Same day, Charles William, Duke of Buccleuch, and Hugh Earl of Eglinton, were invested with the ensigns of the Order of the Thistle.

May 23-The Dean and chapter of Ely were ordered to elect the Right Reverend Dr Bowyer Edward Sparke, Bishop of Chester, to be Bishop of Ely, vacant by the death of Dr Thomas Dampier.

May 23.-This day the Earl of Buckinghamshire was appointed to be Chancellor of the Duchy of Lancaster.

May 29. This day the following persons received the honour of Knighthood, viz.

Alexander Campbell, Esq. (LieutenantGeneral in the army) proxy for the Earl of Wellington:

Thomas John Cochrane, Esq. (PostCaptain in the Royal Navy) for his father the Honourable Sir A. F. Cochrane.

Christopher Cole, Esq. (Post-Captain in the Royal Navy) proxy for Sir Charles Goodwin Keates.

Charles Gordon, Esq. (Captain in the Army, and brother of the Earl of Aberdeen) proxy for the Right Honourable Sir John Hope.

Thomas Sidney Beckwith, Esq. (Colonel in the Army) proxy for his brother Sir George Beckwith.

Charles Henry Colville, Esq. proxy for Sir Thomas Graham.

Robert Chambre Hill, Esq. (LieutenantColonel in the Army) proxy for his brother Sir Rowland Hill.-And

Charles William Flint, Esq. proxy for the Right Honourable Sir Henry Wellesley.

May 30.-The Rev. Peter Robertson presented to the church and parish of Callander, in the Presbytery of Dumblane and county of Perth, vacant by the death of Dr. James Robertson.

The Rev. John Honey presented to the church and parish of Bendochy, in the Presbytery of Meigle, and county of Perth, vacant by the death of the Rev. James Playfair.

The Rev. John Shiels presented to the church and parish of Westruther, in the Presbytery