Imatges de pÓgina

consideration, set aside all the proceedings of the Presbytery and Synod, and remit the cause to the Presbytery, with instructions to resume consideration of it; and if they shall find that Mr Taylor still persists in his determination to resign, that they shall then use their endeavour to provide him with some aid suited to the funds of that chapel, if he chuse to accept thereof, and thereafter proceed to the settlement of a minister, according to the rules of the church, with all convenient speed. The Assembly unanimously approved of said motion, in which parties acquiesced.

Tuesday, May 23.-Dr M'Knight proposed to add the name of Dr Fleming to the committee on the Gaelic chapel, as a small mark of respect for his attention to its interests.-Agreed to.

An overture introduced by Dr David Ritchie, respecting the prevention of double livings being vested in the same person, was ordered to be considered on Friday.

The Assembly agreed to take up the reference from Mr Lockerby, minister of the chapel at Calder, on Thursday afternoon, immediately after the cause of Mr Davie, minister of Inchture, should time permit.

Several petitions for aid being read, the Assembly appointed a Committee to meet on Thursday forenoon, to consult with the Honourable Procurator of the Church respecting the present state of the church funds.

The Assembly then proceeded to the case of Mr Richard Thomson, student from Glasgow. This young man is blind, but from the very ample testimonies as to the proficiency which he had made in his studies, the Assembly agreed that the Presbytery of Glasgow should be allowed to take him on trial.

The Assembly took up the cause of Mr John Ross, student in divinity. The parties were, the Rev. W. Fraser, minister of Boleskine, complainant against the proceedings of the Presbytery of Abertarff, and Synod of Glenelg. Francis Jeffrey and Henry Cockburn, Esqrs. Counsel for the above-named Synod and Presbytery, and for Mr Ross. It appeared from the pleadings, that, in the month of July last, the Presbytery of Abertarff, having associated with them the Rev. Donald M'Kenzie, minister of Fodderty, had licenced Mr J. loss, notwithstanding his having been prevented, by certain proceedings on the part of the Faculty of the University of Edinburgh, which proceedings were virtually sanctioned by the Assembly 1813, from finishing his courses at the Divinity Hall.The Asembly, in an unanimous sentence, reprobated, in strong terms, the unconsti

tutional procedure of the subordinate courts, appointed its sentence to be entered in their minutes-deprived Mr Ross of the license, which was thus illegally given him, and prohibited all Presbyteries from taking him on trials, until he should have completed his studies. It seemed to be understood by the House, that in consequence of the declarations of Mr Ross's Counsel at the bar, means would be used, with a probability of success, to move the Faculty of the University in his favour.

Wednesday, May 24.-The Rev. Principal Hill, alluding to the motion made at a former diet, of returning thanks to the gentlemen who had aided Dr Nicol in procuring the act for the widow's fund, observed, that as the Lord Chief Baron, one of the members of this Assembly, was now present, and a judge to whom, on this as well as every other occasion, the warmest thanks of the church were due, moved that the moderator be instructed to express the grateful acknowledgements of the Assembly to his lordship, for his very kind attention to their interests. The thanks of the Assembly were given from the chair, to which his Lordship made a suitable reply.

The Assembly proceeded to consider the case of the Reverend Alexander M'Intyre, presentee to the parish of Crieff. It ap peared from the papers read, and the statement given at the bar, that Mr and Mrs Drummund Burrell, joint patrons of the parish of Crieff, had presented Mr M'Intyre to the cure, on the decease of the Reverend Robert Stirling. The Presbytery of Auchterarder proceeded, in consequence, to-moderate a call in the parish Church, when only three persons signed, on which the Presbytery referred to the Synod of Perth and Stirling. The Synod appointed the Presbytery to begin a call de novo, and to report their proceeding to next Synod. Accordingly, at next moderation of a call, nine heritors signed the call, and the Presbytery unanimously sustained it. An appeal was, however, taken by some persons, designed as heads of families in Crieff, to the Synod, and the Synod reversed the sentence of Presbytery, and considered the presentation null and void: from which judgment the present appeal was brought before the venerable Assembly.

Parties being called, Mr H. Cockburn, advocate, was heard for the appellants, and Mr Jeffrey for the parishioners, and Mr Eisdale, of Perth, for the Synod.

Parties being fully heard and removed, a long debate ensued.

Principal Hill code the following motion, which was seconded, viz. "The General Assembly reverse the sentence of the Synod

Synod of Perth and Stirling; and in respect it has been stated, that the trials of Mr M'Intyre are sustained, ordain the Presbytery of Auchterarder, at their meeting on the first Tuesday of June, to take such steps as shall seem proper for ordaining Mr M'Intyre in the parish of Crieff, before the 1st of July, and ordain the commission in August to hear any complaint which may be made."

Another motion was made, and seconded, "That the Assembly affirm the sentence of the Synod of Perth and Stirling." The roll being called, and the votes marked, the first motion was carried by a great majority, wherefore the Assembly did, and hereby do ordain, in terms of said motion.

Against this judgment, Dr Campbell, Dr Balfour, Dr Maclean, Mr Andrew Thomson, Mr Robert Balfour Graham, Mr William Ritchie, Mr Brotherston, Mr Macdonald of Urquhart, Mr Begg of Newmonkland, Mr Anderson at Kippen, Mr Hamilton at Strathblane, Mr William Maclean, Robert Austen, Esq. and Alexander Pitcairn, Esq. protested.

Thursday, May 25.-The General Assembly called for the report of the committee of the whole house on the cause of Mr Davie, which was produced and read. The committee of the whole house being convened and constituted, and the minute of the General Assembly appointing this meeting being read, the committee proceeded to the consideration of the cause remitted to them. The clerk read the petition to the committee of bills, of Mr Alexander Davie, minister of Inchture, appellant, against different sentences of the Synod of Angus and Mearns, of date 25th October last, affirming different sentences of the Presbytery of Dundee, of 3d July last, finding the first article of the libel proven, and deposing him from the office of the holy ministry.

Parties being called, compeared for the appellant, Francis Jeffrey, Esq. advocate, as his counsel; for the Presbytery of Dundee, Drs Francis Nichol, Alexander Potter, and James Thomson, members of that Presbytery; for the Synod, Mr James Miller, Mr J. Burns, Dr George Cook, members of the Synod; and for himself, Mr Lawrence Butter, a corresponding member of the Synod, dissenter and complainer against the sentence of the Synod. Parties being fully heard, and removed, the committee agreed to report to the Assembly that they had heard the parties.

The Assembly proceeded to deliberate on the cause, and after reasoning, it was moved and seconded, "That the Assembly sustain the appeal and complaint against the sentences of the Synod of Angus and

Mearns, and of the Presbytery of Dundee, and reverse the same; and find that the libel against Mr Davie is not supported by satisfactory evidence, and dismiss the same as not proven." Another motion was made and seconded, "That the Assembly dismiss the appeal and complaint against the first part of the sentence of the Synod of Angus and Mearns, which affirms the sentence of the Presbytery of Dundee, finding the first article of the libel proven, and deposing him from the office of the holy ministry: but sustain the appeal and complaint against the second sentence of the Synod which reverses the sentence of the Presbytery, find. ing the second article of the libel not proven, and reverse the said sentence." It was thereupon agreed, that the state of the votes should be, proven or not proven; it being understood, that if it shall carrry not. proven, the first motion shall be the judg ment of the house: and if it shall carry proven, the second motion shall be their judgement. The roll being called, and votes marked, it carried not proven, and therefore the General Assembly sustain the appeal and complaint against the sentence of the Synod of Angus and Mearns, and of the Presbytery of Dundee, and did and hereby do reverse the said sentences, and find that the libel against Mr Davie is not supported by satisfactory evidence, and dismiss the same as not proven; and the General Assembly unanimously find the second article of the libel not proven, and accordingly dismiss the same.

Friday, May 26.-The General Assembly, after hearing the minutes of last sederunt, heard the report of the committee of bills. The procurator gave a general statement of the funds of the church, and after some observations by Drs Hill and M'Gill, the committee were directed to give in their report to-morrow, as a matter intimately connected with that subject was then to be discussed.

The report of the committee on the Trinity chapels, Aberdeen, was received, and orderdered to lie on the table till to-morrow.

The General Assembly then proceeded to the consideration of an overture, introduced by the reverend Dr D. Ritchie, and two other members, respecting the declaratory enactment of last year, which had found, that it was incompetent for a clergyman to hold two cffices, unless in the same parish, and particularly enacted, that no clergyman, unless residing in the seat of an university, could on any account accept of a professo ship, and on such acceptance being proven, the presbytery were bound to libel him, preparatory to a sentence of deposition from the church; and humbly overturing,


that as such an enactment seemed a direct violation of the barrier law, the Assembly should reverse it, and transmit an overture, in due form, to the presbyteries of this church. On this overture a most animated debate took place, and the following motion was made by Dr D. Ritchie, and seconded, "That the Assembly find the proceedings of last year, not a standing law, and transmit to presbyteries for their consideration, ordaining last year's enactments as an interim law."

It was moved by Dr Cook, and seconded, "That the Assembly dismiss the the overture."

The roll being called, and votes marked, there appeared for dismissing the overture, 80; for retaining it, and transmitting to presbyteries, 70; majority 10.

· Saturday, May 27.-The thanks of the house were given to the Lord-Advocate, for his generous exertions at all times in behalf of the church, and particularly so on the late occasion.

The report of the committee for the house and window duties was read, and Dr John Inglis heard in explanation. The thanks of the house were given to Dr Inglis, for his steady attention to their interests.

Mr Cockburn, a scounsel for the parishioners of Nairn, stated, that his clients were induced to withdraw their appeals, from a conviction that the charges against the patron and presentee were groundless.

Mr Macdonelt appeared in support of the proceedings of the synod of Moray, and took protestations in the clerk's hands, whereupon the General Assembly dismissed the appeal, and declared the sentence of the synod final.

The report of the widows fund was called for, and Sir H. Moncrieff heard in its support. The thanks of the house were unanimously given to Sir H. Moncrieff, on the motions of Drs Hill and Nicol, for his long, faithful, and able services, in support of the widows fund, and for his very great exertions in framing the bill, and procuring the patronage he did, in its support.

The Assembly considered some appeals from the presbytery of Glasgow, by Mr Lockerby, minister of Chryston chapel.Messrs. Cockburn and Jeffray were heard for the appellant, as were also Principal Taylor, Drs Balfour and M'Lean, and Mr Lapslie, for the presbytery. The Assembly unanimously reversed the proceedings of the presbytery, and remitted the cause, with instructions to them only to examine competent witnesses.

Monday, May 29.-The Assembly renewed the committee on the Psalmody, with injunctions to report to next Assembly,

His Grace the Commissioner officially announced that his Royal Highness had been most graciously plessed to receive the letter and address transmitted from the Assembly.

The Solicitor-general stated, he was authorized to make an official communication from Government respecting some specific grant to the clergy of Scotland. The thanks of the Assembly were given to the Solicitor, and letters of thanks were ordered to be written to the Lord Advocate, and to the right honourable William Dundas, for attention to the interests of the church; and a committee was appointed to correspond with his Majesty's government on the subject.

A complaint was heard at the bar of the Assembly, respecting the sentence of the synod of Merse and Tiviotdale, refusing to permit the Presbytery of Jedburgh to take Mr William Jeffray on trials for licence. Messrs Cupples and Lundie were heard as the appellants, and Messrs John Hunter and Walter Morrison for the synod. The Assembly unanimously reversed the sentence of the synod, and ordain the presbytery of Jedburgh to proceed with the trials of Mr Jeffray, when he shall have produced a certificate of a regular attendance during the last session, which completes his studies in divinity.

The business of the Assembly being closed, the moderator shortly addressed the members; and after a speech by his Grace the Lord High Commissioner, from the throne, the Assembly was dissolved. The next Asscmbly is appointed to meet at Edinburgh, on Thursday May 16, 1816.

On the 29th of May came on before the High Court of Justiciary, the trial of John Gow and John M'Intyre, accused of theft. After the indictment was read, they both pleaded guilty, and a Jury being chosen, they adhered to their plea. A verdict was accordingly returned against them, in terms of their own confession, and the Court sentenced Gow to be transported for fourteen years, and M'Intyre for seven years, in respect of his previous good character. By the bill for " abolishing inferior Commissary Courts in Scotland, for abridging the form of extracting the decrees of Admiralty, Commissary, and Sheriff Courts in Scotland, and for the regulation of certain matters in Courts of Justice in Scotland," the books, records, and proceedings of the inferior Commissary Courts are to be transferred to the Sheriff and Stewart Courts, in which, in future the causes, of every description, competent to the Courts abolished, shall be conducted and instituted. The


Confirmation fees payable to the CommissaTies are abolished, but those, and the other ees payable to Clerks and Fiscals, shall be paid to those officers in the Sheriff Court. A Register of Inventories of personal estates is required to be kept. A record of fiar prices, and of the average wages of labour, is to be established. The Commnissaries and their Clerks are to receive such compensation for the loss of their offices as they can establish they are entitled to. The forms of extracts are to be abridged, and the fees of extract fixed. The Clerks of all inferior Courts must give personul attendance, and their offices cannot be exercised by Deputy, excepting in cases of urgent emergencies; nor can any such offices be sold. Contraveners may be punished by fine, imprisonment, and deprivation.

On the 12th of May a fine young Russian bear, which was brought here some time ago, and has been since kept in the College yard, broke from his den, and after several ineffectual attempts were made to get him properly secured again, it was found necessary to shoot him.

On the 1st of May was caught, on one of the fishings in the Tay, belonging to the city of Perth, a salmon weighing 58 lbs. avoirdupois, and measuring 4 feet 1 inch in length, and 2 feet 6 inches round. It is the largest, we believe, that has been taken in that neighbourhood for many years.


[From the London Gazette.]

Foreign Office, May 2. This day Alexander Cockburn, Esq. was appointed Envoy Extraordinary to the Free and Impe xial Hanseatic Towns, and circle of Lower. Saxony.

Carleton House, May 9. This day John Marquis of Bute, was sworn to be Lord Lieutenant of Glamorganshire.

Whitehall, May 10. This day the Right Hon. William Adam, one of the Barons of Exchequer in Scotland, was appointed Lord Chief Commissioner of the Jury Court in eivil cases in Scotland; and Allan Maconochie and David Monypenny, Esqrs. Sc. nators of the College of Justice in Scotland, were appointed to be the other Lords Commissioners of the said Jury Court.

Downing Street, May 10. Lieut.-General Sir James Leith, G. C. B. to be Governor of the Island of Barbadoes.

Whitehall, May 12. The Rev. William Arbuckle to be minister of North Uist, Inwerness-shire, vacant by the death of the Rev. James Macqueen, and the Rev. Simon Fraser, to be minister of Stornaway, Ross

shire, in room of the Rev. Colin Mackenzie, deceased. Antbony Rosenhagen, Esq. to be one of the Comptrollers of the Accounts of his Majesty's army.

Whitehall, May 23. This day the Right Rev. Dr John Luxmore, Bishop of Hereford, was appointed Bishop of St Asaph, in room of Dr William Cleaver, deceased.

May 23. The following officers are permitted to wear the insignia of Knights Commanders, of the Royal Portuguese Military Order of the Tower and Sword, viz. Major General the Honourable Sir Charles Colville, K. G. C. B. and Major General Sir Kenneth Alexander Howard, K. C. B. And the following officers to wear the insignia of a Knight of the same Order, viz. Sir John Maclean, Sir Henry William Carr, Sir John May, Sir Hew Dalrymple Ross, and Sir Charles Broke, all Knights Conmanders of the Order of the Bath.

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May 11. At Auchanvole Castle, Mrs Wallace, a daughter.

9. At Invery, Mrs Skene, of Rubislaw, a daughter.

11. At London, the Marchioness of Ely,

a son.

12. Mrs Cadell, of Grange, a son. 13. At Houston, Mrs Captain Shairp, a daughter.

- Mrs Campbell, of Hallyards, two sons. 15. At East Reston, Berwickshire, Mrs Purves, a daughter.

16. At London, her Grace the Duchess of Rutland, a son and heir.

At Brussels, the Right Honourable Lady Fitzroy Somerset, a daughter. 17. At Newhaven, Mrs Mundell, a son. 19. Mrs G. Hogarth, Hart - Street, a daughter.

20. In London, the Viscountess Newark, a daughter.

25. At Haymount, Mrs Hogarth, a son. - The Lady of Roderick Macleod, Esq. younger of Cadbole, a daughter.

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- Sir Christopher Cole, K. C. B. Royal Navy, to Lady Mary Talbot, widow of T. Mansell, Esq., and sister to the Earl of Ilchester.

29. At London, Lieut.-Col. James Allan, 94th foot, to Sarah Isabella, only daugh ter of Andrew Tunbrell, Esq. London.

May 5. At Sandaig of Knoydart, Lieutenant Ronald M'Donald, tacksman of that place, to Miss Catherine M'Donell of Laurg. This veteran is in the 95th year of his age, and as stout and vigorous as most military men at the age of 60. He occasionally rides after breakfast, as a piece of exercise, 30 miles. He is one of those gentlemen who was an officer under the Chief of the clan during the troubles in the year 1745; and was not only present, but also bore a particular share in every engagement which then took place, in behalf of the exiled family, and upon many occasions received the thanks of the Prince, for his activity and courage. He has since been in the service of George II. and is now on half-pay in the service of George III.

5. At her father's house East Kirkland, Miss Helen Smellie, youngest daughter of William Smellie, Esq. to the Rev. James Harvey, Muckart.

At Montrose, Charles Hutchinson Phillips, Esq. of Milk Spring, in the island of Jamaica, and of Somerville, in the county of Dumfries, to Jane, youngest daughter of the late Adam Glegg, Esq. Provost of Montrose.

At London, the Reverend William Everett, Fellow of New College, Oxford, and Vicar of Romford, to Marianne Dundas, daughter of Charles Dundas, Esq. member of Parliament for Berks.

S. At Hamilton, Mr William Clarke, of the Commissariat, to Janet, eldest daughter of Mr Robert Russell, overseer to the Marquis of Douglas and Clydesdale.

9. At Edinburgh, Mr Alexander Lamont, of the Royal Perthshire militia, to Miss Jessie Horne.

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14. At London, Sir George Buggin, of Great Cumberland Place, to the Right Honourable Lady Cecilia Gore, a daughter of the late, and sister to the present Earl of


16. At Jedburgh, James Scott, Esq. accountant, Edinburgh, to Mary, eldest daughter of Mr William Scott, surgeon, Jedburgh.

17. At Aston, near Birmingham, Ram. say Sutherland, Esq. of Harpershill, to Jane, eldest daughter of Alexander Paul, Esq. of Edington Cottage, Warwickshire.

23. At Edinburgh, Robert Lisle Coulson, Esq. commander in his Majesty's Navy, to Miss Sarah Veitch, of Hound wood.


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