Obrazy na stronie

Commsel, and Dr Douglas, Mr Drummond, sented to the parish of Kilconquhar,' appelMr Thomson, &c. for the Synod. Mr Jant, against a sentence of the Presbytery Shiels also appeared, and was heard for of St Andrews, in his cause, of date 28th himself. Parties being fully heard, a debate April last, with reasons of dissent and apof consicierable length took place, after peal for him ugainst the said sentence; also which, it was moved, That the Assembly reasons of protest and appeal against said affirm the sentences of the Synod : and sentence, for the Earl of Balcarras, patron of whereas it appears from the inquiries inati said parish, with axiract proceedings of the tuted by the Presbytery of Lauder, agree. Presbytery. Parties being called, Henry ably to the advice of the Procurator of the Cockburn and Francis Jeffrey, Esqrs. apChurch, that Mr Johnston, minister of peared as Counsel for Professor Ferrie and Earlston, for several years past, froin an in the Earl of Balcarras; and Dr Nairnc, Mr firmity of body, and imbecility of mind, has Beil, lír Wrigh!, Mr Duncan, Mr Carstairs, been incapable of discharging the pastoral Mr Wutboll, Mr Swan, Mr Wilson, Mr duties of his parish, or of giving his consent Cierk, and Dr Lawrie, for the Presbytery. to the appointment of an assistant and suc Parties having been heard and removed, cessor ; and whereas the necessity of the a long and very interesting debate took case has produced an application from the place, in which a number of the members, Member of Parliament for the county, at both ministers and elders, took a past. It the desire of several of the heritors and cl was then moved, and seconded,

“ That the ders, for a royal warrant, nominating Mr Assembly should sustain the appeal, and Shiels, minister of Westruther, assistant reverse the sentence of the Presbytery, and and successor to the minister of Earlston, appoint them to proceed in the settlement Mr Shiels has declared his acceptance of of Professor Ferrie, as minister of Kilconthis warrant, the principal heritor has lodged quhar, with all convenient speed, according with the Presbytery a bond for an annual to the rules of the Church.” provision to Mr Shiels during his incum It was also moved and seconded, “ That bency, and the Preshytery has sustained a the Assembly should disiniss the appeal, call to the said Mr Shiels from the heritors and atfirm the sentence of the Presbytery, and elders, the Assembly agree that he ought and intruct then, that if Professor Ferrie to be settled assistant and successor to Mr shall fail, at their nexi ordinary meeting, on Johnston ; and they accordingly ordain, the the Oth day of June next, to give them the Presbytery to take the steps that are neces satisfaction which they have required, viz. sary in such time, that Mr Shiels may be that before or at the time of his admission settled according to the rules of the Church, to be ininister of Kilconquhar, he is to reon or before the 1st day of July next. At sign his Professorship, they shall then direct the same time, the Assembly declares, that, their Moderator to write a respectful letter in the circumstances of the case, no part of to the Right Honourable the Earl of Balthe stipend, or any of the emoluments carras, patron of the parish of Kilconquhar, thereof, can be allocated for the mainten- notifying to him that the parish is still vaance of the assistant and successor ; that if cant, and cannot be supplied by his presenit shall please God to restore Mr Johnston ter, as the said presentee refused to resign to the sound exercise of his judgment, it his oflice as Professor of Civil History in shall then instantly become incompetent for the Univer ity of St Andrews, which office Mr Shiels to discharge any part of the prise the General Assembly deems to be incompatoral duties of the parish of Earlston, or to tible with the ministerial duties of the parish sit and vote in any Church court, as viini of Kilomquhar, that the said Earl may prester of Earlston, without that explicit con sent i qualified person to be minister of said sent of Mr Johnston which he will then be parish, in terms of law." qualified to give.

The vote being called, it was agreed that Another motion was made, That the the state of the vote should be rezerse or Assembly should sustain the dissent and affirm, it being understood, if it should carcomplaint against the sentence of the Synod, ry reverse, the first motion would be the reverse the said sentence, and prohibit the sentence of the House, and if affirm, the Presbytery of Lauder from proceeding to second. The roll being called, and votes the induction of Mr Shiels, as assistant and marked, it carried reversc; the numbers besuccessor to Mr Johnston.-A vote being ing called, the first motion was carried, there

For reve

.85 being for it 83—against it 29.

For affirm......

..80 Wednesday, May 26.

Majority................ 5 The Assembly took into consideration a The Assembly therefore reverse the sea. petition for Professor William Ferrie, pre tence of the Presbytery of St Andrews, and





appoint them to proceed in the settlement of Henry Cockburn, Esq. and for the Presije Professor Ferrie, as minister of Kilconquhar, tery, Dr Nicol, Mr Cairns, and wir Thom. with all convenient speed, according to the Parties wese first heard on the com rules of the church.

plaint against a sentence of the Commission Parties being called in, and the above of last Assembly, on the 3d of March last, sentence intiinated to them, Mr Govan, in ailirming the sentence of the Presbytery, the name of Mr Ferrie and the patron, took and finding the livel against Mr Davie reinstruments in the clerk's bands. Princis levont. After hearing parties, but before pal Brown, Mr David Dickson, sen. Vir coming to a vote, an objection was started Dalgliesh, Dr Andrew Stewart, Mr Thom. against the Mcnibers of last Assembly volson, Mr Richardson, Mr Ma-hie, and Pro- ing, which was over-ruled by the Assembly fessor Jardine, dissented from the sentence, animously. A vote was then put to disand respectively took instruments in the miss or sustain the complaint of Mr Davie, clerk's lands.

when it carried di nuisto Counsel were then Thurslay, May 27.

heard on the admisability of certain wit

nesses, when the Assembly first agreed The General Assembly took into consi- to sustain the Presbytery's sentence, rederation the overtures of the Synod of Lo- solving to take the deposition of Sarah thian and Tweeddals, and of the Synod of Tate, cum nota. The objections against Merse and Tiviotdale, respecting the juliti- otlicr witnesses were withdrawn.. Several cal privileges of the Roman Catholics. The other appeais gainst examining witnesses, overtures being read, after a mature deli. putting questions, &c. were dismissed, thu beration, it was moved, that the Assen, bly several sentences of the Presbytery affirmed, should petition Parliament against the Ca- and the whole cause was aguini itinittu to tholic claims, and a petition presente i ac- the'r, to proceed acccrving to the rules of cordingly, but that petition was withdrawn, the Church. and one favourable to the Catholics, pravins A peiition from certain inhabitants of the only that securities should be provided Gorbals of Glasgoli, fir crecting a Chape! against forcign influence, was substituted, of Ease there, was read, and Dr M.Leuil, and adopted, by general consent.

minister of the pirish, was heard in its fa. The Committee of Billy transmitted a

The patition was referred to a Com. petition for the Rev. Mr P. Murray and mittee, who are to report their opinion on Mr M‘Gregor, Stirling, dissenters, against Monday: a sentence of the Synod of Perth and Stir- A petition was read from Mr Juba ling, respecting the Chapel of Ease at A:- M.Kenzie, missionary in the parish of Condoch ; also a petition from the Congregation tin, presbytery of Dingwall. This gentleof said chapel, appellants, against a sentence man had been dismissed by the Committee of the Synod. The Assembly agreed to of the General Assembly on the Royal dismiss the dissent and complaint, and Bounty, for irregularity of conducti The affirm so much of the sentence of the Sy- Assembly heard Dr Grant and Sir Henry nod as respects the settlement of a minister Moncrieffe fer the Committee ; and having in the said Chapel of Lase, and ordain the heard read some testimonies as to Vir Presbytery of Auchterarder to proceed in M.Kenzie's diligence and usefulness as a the settlement of Mr Hung, as minister of missionary, from the presbytery of Ding, that Chapel ; but in respect the constitution wall, dated the 13th of February 1813, and of the Chapel, fixed in 1781, is imperfect, also a petition from the inhabitants of Conthey referred the consideration of the con- tin, the Assembly unanimously agreed, to stitution to a committee.

direct the Committee, at the first meeting Friday, May 28.

on the 2d of June, to repone Mr M.Kenzie

to the mission of Contin, and the Assembly Principal Brown gave in his reasons of exhort and enjoin him to conform strictly dissent against the decision of the Assembly, to the instructions of the Committee. in the case of the settlement of Kilconquhar, The General Assembly agreed to tale up

which were read, and ordered to lie in re- the consideration of the overture anent the tentis.

provision for the dispensation of the ordi. The Assembly then took into considera- nances of religion i pers juis of the Presbition a petition for the Rev. Mr Alexander

terian persuasion in Iudia, this day. Daric, minister of Inchture, against a sen. tence of the Presbytery of Dundee, and a

Scturday, May 29. petition of some of the inhabitants of that The report of the Committee, appointed parish, libellers of Mr Davie. Mr Davie to consider the constitution of the chapel appeared for himself, and Francis Jeffrey, of ease at Ardoch, was read and approved Esg, as his Counsel-For the libellers, of.



The report of the Committee appointed

Monday, May 31. to eonsider the situation of the annuitants The Assembly renewed the appointment upon the widow's fund was read and appro of the Committee respecting the annuitants ved of, and the report, with the deliverance on the Widows' Fund, and added thereto, of the Assembly, were directed to be print. Drs Ritchie, Inglis, and Fleming, Mr Daed on a large sheet of paper, and circulated vid Dickson, the Professor of Rhetoric, Mr to all the Presbyteries of the Church. Brunton, the Lord Advocate, the Solicitor The thanks of the Assembly were then vo. General, Henry Jardine, Esq. James Mon'ted to Dr Nicol, for the affectionate con crieff, Esq. James Wedderburn, Esq, John cern he has taken in this very important A. Murray, Esq. four to be a quorum, and matter.

Dr Nicol to be Convener, The thanks of the Assembly were given The Assembly next called for the report from the chair to Sir Henry Moncrieff, col. of the Committee, appointed to class returns lector of the widows' fund, for his diligence, to overtures, which was produced and read. attention, prudence, and fidelity, in the ma From the above report, the Assembly find. nagement of it.

ing that there was a majority of Presbyte. The report of the Committee upon the ries in favour of the overture anent licensubject of a provision for dispensing the or. sing of probationers, and therefore agree dinances of religion to persons of the Pres. that the said overture should now be con. byterian persuasion resident in India, and the verted into a standing law of the Church. overture of the Synod of Merse and Tiviot. At the same time, they appoint the overdale, upon the same subject, having been ture anent the qualification of elders to be read, the Assembly approved of what had transmitted. been done by the Committee, renewed their The report of the Committee respecting exappointment, and recommended to their amination of schools, and an overture from attention the instructions formerly given the Synod of Aberdeen, anent parochial and them.

other schools, were next taken up, when The Assembly took into consideration the Assembly recommended to Presbyteries the petition of James Campbell, Esq. of Bid to be more careful in their returns respect. lay, and others, heritors, elders, and liferent. ing the examination within their bounds, ers, in the parish of Cadder, and the Rev. and appoint the queries in the above overMr Thomas Lockerby, appellants, against a ture to be transmitted with the above recomsentence of the Presbytery of Glasgow, da- mendations, and direct the Presbyteries to ted the 5th of May, in the cause of the set. take them into consideration at their first tlement of an assistant and successor to the meeting. minister of that parish. John Jardine, Esq. The Commitee on the Psalmody was reappeared as Counsel for the appellants; and newed, and Dr Muir of Glasgow, Mr RichMr Lapslie, Dr Lockhart, Mr Dow, and Dr mond of South Dean, Mr Simpson, KirkM*Lean, for the Presbytery. After parties newton, Mr Andrew Milne, and Mr D. were fully heard, it was moved, and unani- Black, Coylton, added to it. Mr Brunton mously agreed to, to sustain the appeal, and to be Convener. appoint the Presbytery of Glasgow to pro The unanimous thanks of the Assembly ceed at their next meeting to take the pro were given by the Moderator to the Procuper steps to the settlement of Mr Lockerby, rator, for the uniform diligence and atten* assistant and successor to the present mi tion he has given to the business of the nister of Cadder, with all convenient speed, Committee, and was requested to continue according to the rules of the Church. On his friendly exertions and watchful care. the above sentence being intimated, Mr Jar. The report of the Committee upon the dine took instruments.

Chapel of Ease at Gorbals was read, and apThe Assembly next took into considera- proved of. tion the petition of Mr John Ross, student The Assembly next called for the report of divinity, appellant, against a sentence of of the Committee upon the legal provision the Synod of Ross, dated the 20th of April of the Ministers of this Church, which was last, refusing their consent to the Presbyte produced and read. Dr Inglis, Convener ry of Dingwall to take the said Mr Ross of the Committee, was heard upon the subupon probationary trials. There was no ject. The Assembly approve of the diliappearance for the Synod; and Mr Ross gence of the Committee, and agree to adopt having appeared for himself, and been fully the suggestion in said report with respect heard in support of his appeal, it was mo to glebes, and the selection of particular ven, and unanimously agreed to, to dismiss cases respecting fiors of grain, to be twice the appeal, and affirm the sentence of the before the Competent Court. The unani

mous thanks of the Assembly being given

by the moderator to Dr Inglis, for the uniJune 1813.




formly kind and persevering attention which The causes not discussed were referred tæ he has given to the business of the Court, the Commission. they renew the appointment of the Com The Moderator then dissolved the As. mittee, of Dr Inglis to be Convener, and sembly in the usual form. request him to continue his friendly servi. His Grace the Commissioner made an ges to the Committee.

elegant speech from the throne, and dissolved The Assembly had transmitted to them, the Assembly in the name of the Prince from the Committee of Bills, a petition from Regent, on behalf of his Majesty, and apMr George Anderson, minister of Lochnel pointed the next Assembly to meet on the and Cushnie, and James Reid, minister of 19th May 1814 Auchendore, and other appellants, against a sentence of the Presbytery of Alford, of the 20th May current. Parties being called,

COMMISSION OF THE GENERAL compeared for the appellants, Francis Jeffrey, Esq. advocate ; for the Presbytery,

Tuesday, June 1. 1913. Mr Farquharson, member of the Presbytery, with H. Cockburn, Esq. advocate, for their Dr Baird being chosen Moderator, the Counsel, and also as Counsel for Sir Wil. commission was constituted by prayerliam Forbes and the inhabitants of the lands They then took up the consideration of the of Corse. Parties were fully heard and re- petition of John Graham, Esq. of Myothill, moved. The Assembly having considered appellant, against a sentence of the Presbythe report of the Presbytery of Alford, tery of Stirling, of date 5th May 1813, Find, that although it appears there has leaving him under the scandal of unclean. been a general opinion, for a number of ness with Janet Smith, formerly his maid years past, that the lands of Corse were an servant, till God in his Providence shali nexed quoad sacra ; yet as the decree of the throw more light on the inatter. The Teind Court is the only legitiinate evidence minute of the General Assembly, referring of an annexation of this kind, they therefore this cause to the Commission, was read. advise the Presbytery to sist further pro. Parties being called, compeared Francis cedure until this point shall be ascertained Jeffrey, Esq. advocate, as Counsel for Her by a decree of the Teind Court; and, in Graham; and for the Presbytery, Mr the meanwhile, renew the recommendation Dempster and Mr Sheriff, members of the of last Assembly, viz. that the Presbytery Presbytery. Parties being fully heard and continue to take care that the ordinances of removed, the Commission did unanimously religion be duly and regularly dispensed, as find, that the investigation instituted by the formerly, to the inhabitants of the lands of kirk session of Denny, in consequence of Corse. Parties being called in, the above the fama raised against the appellant, was sentence was intimated. Mr Farquharson, conducted in a manner inquisitorial, and in for the Presbytery, took instruments. many respects exceptionable, of which the

A petition from Mr Pyper, minister of Commission highly disapproved; that it did Pencaitland, against a sentence of the Sy not produce the smallest evidence of the nod of Merse and Tiviotdale, of date 20th truth of the said fama, and that the innoFebruary last, rejecting a commission of cence of Mr Graham was established by the correspondence in favour of himself and repeated and solemn declarations of Janet Lord Sinclair, ruling elder, was then read. Smith, and therefore they did and hereby Parties being fully heard, the Assembly do sustain the appeal, and reverse the sen. agreed to sustain the appeal, and reverse tence of the Presbytery. They ordain the the sentence of the Synod.

minister of Denny to admit Mr Grabam to Protestation was admitted at the instance Christian privileges, and in particular to the of Mr Clephane, a member of the kirk-ses- privilege of baptism to his child. They sion of Canongate, that the appeal taken by ordain the session of Denny to expunge certain members of the Synod of Lothian from their records every part of the said and Tweeddale was fallen from; also, at investigation, and also ordain the Presby. the instance of Dr Meiklejohn, that the ap- tery of Stirling to record this sentence in peal taken by Henry Cockburn, Esq. in their register. Parties being called in, the bebalf of Dr Buchanan and the clerk of the above sentence was intimated to them, kirk-session of Canongate; and the dissent whereupon Mr Jeffrey took instruments in and complaint, entered by certain members the clerk's hands. of the Synod of Lothian and Tweeddale, Afterwards the Commission took up an against a judgment of said Synod, affirming appeal from a sentence of the Presbytery of a sentence of the Presbytery of Edinburgh, Caithness, regarding an objection entered were fallen from

against the proclamation of banns in a par.



ticular case, before the kirk session of Ca. veying passengers to Greenock and Helensmisby. Parties being heard, the Commission burgh to their perfect satisfaction, that no sustained the appeal, and reversed the sen less than four coaches plying between Glastence of the Presbytery, as informal. gow and Greenock have been recently dis

An appeal was also heard against a sen continued. The distance from Glasgow to tence of the Presbytery of Stranraer and Greenock by water is 26 miles, which is session of Kirkcoln, at the instance of T. performed, in all ordinary cases, in four Stevenson, desiring to be relieved from hours, sometimes under three and a half, church censure, on the ground that he had whatever the state of the wind or tide may procured a sentence of the Commissary be. Court in his favour. The Commission were unanimously of opinion, that the procedure of civil courts could have no influence on

On the 19th of May came on before the that of ecelesiastical judicatories, árid affirme Judge of the Court of Admiralty, the triak ed the sentence of the Presbytery.

of J. and A. Farmer, accused of scuttling the Hope of Dundee, off the north coast,

in order to defraud the underwriters.ATROCIOUS MURDER.

After Counsel were heard, the trial was put On the 12th of May, between nine and off, and informations ordered, ten o'clock in the evening, Mr William Muirhead, smith in Calton, Edinburgh, was robbed and murdered on the road from Cor.

APPOINTMENTS. storphin to Edinburgh, a little to the westward of Coltbridge. Next day, John

[From the London Gazette.] M'Donald was apprehended on suspicion of

Whitehall, April 30, 1813. The Prince committing this horrid crime, and on the Regent has been pleased, to appoint Henry 15th, James W. Black was also apprehended Richmond, Esq. to be a Commissioner of for the same offence. They were soon af

the Customs, vice Richard Frewin, Esq. re. terwards indicted, and on the 7th of June

tired. stood trial before the High Courtof Justiciary,

May 1. The Prince Regent has been the particulars of which are given in a pre- pleased to constitute and appoint Archibald ceding part of this number. (P. 429.]

Campbell, Esq. one of the Lords of Session,

to be a Lord of Justiciary in Scotland, in With much pleasure we are authorised to

the room of Sir William Honyman, Bart. state, that, among the numerous instances

resigned. of benevolence the present times have pror

His Royal Highness the Prince Regent duced, few can excel those undermentioned,

has also been pleased to constitute and ap being part of the destination by the late point David Cathcart, Esq. advocate, to be Mr William White, smith and ironmonger, and formerly Convener of the Trades of the room of Sir William Honyman, Bart.

one of the Lords of Session in Scotland, in Edinburgh, besides very ample legacies to

resigned his friends and acquaintances :

War-Office, April 13. Brevet. MajorTo the Trades Maiden Hospital £.1000 General Henry Clinton to be LieutenantDitto, to pay Legacy Tax....... 100 General in the army serving in Spain and The Royal Infirmary.

50 Portugal; dated April 8, 1813. Charity Workhouse of this city 50 Major-General the Hon. Sir Charles WilBible Sooiety, under charge of

liam Stewart, K. B. to be Lieutenant-Genethe Clergy..............

20 ral on the Continent of Europe only; dated Destitute Sick Society............ 10 April 8, 1813.


The Bishopric of Sodor and Man having It is long since vessels impelled by steam become vacant by the death of Dr. Criggan, have been applied to all sorts of useful pur

the See has been conferred on the Reverend poses upon the great rivers in America, but George Murray, son of the late Bishop of it is only within these few months that the St David's, nephew to his Grace the Duke same power was applied with success to of Athol, and brother-in-law to the Earl of that purpose in this country, although va Kinnoul. rious attempts were made ; very lately, The Prince Regent has given permission however, Mr Henry Bell, of the Helens to Lieut.-Col. Doyle, Lieut.-Col. M‘Bean, burgh baths, on the Clyde, constructed a and Lieut.-Col. G. R. Bingham, of the 53d boat, having a small steam engine adapted foot, to accept and wear the insignia of to it; and so effectually succeeded in con Honorary Knights Commanders of the


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