complain of the commiffion's fentence to the then enfuing affembly, they delayed giving any fentence on this petition till after the meeting of the affem bly. Against this delay an appeal was taken to the fynod; who, April 26. on the vote put, Appoint Mr Douglas to be admitted minifter of Jedburgh, or, Refer the whole caufe to the next affembly? it carried, by the moderator's cafting vote, Refer.—The parties in this caufe were, the callers of Mr Dou. glas, the prefbytery of Jedburgh, and the commiffion.

A cafe for the crown, patron, and the callers of the prefentee, was printed; in which the judicial proceedings are briefly recited, and objections to the fettlement are answered: fuch as, "Obj. 1. The concurrence of the elders, and of the magiftrates and town-council, is neceffary to the call. Anf. The elders difqualified themfelves by the unlawful combination into which they entered [xviii. 247.]. But further, they are now no more: they have formally renounced their office, and have departed from the church [xix. 667.]. The conduct of the magiftrates is attended with circumftances, which only in this age of liberty could have occurred, and which scarcely, in this age of liberty, can pafs unobferved, and uncenfared."- -Something to this purpofe was let drop likewife in a speech made in the affembly by the Lord Advocate." Obj. 2. By the ftanding rules of the church, no minifter is to be put into a charge without the confent of the congregation; which in the prefent cafe has not been obtained. Anf. By congregation must be understood they of the parish who adhere to the church of Scotland; a great majority of this parish have feceded; and the rest make no objection to Mr Douglas, and must therefore be understood to acquiefce in his call. But, zdly, The confent of the congregation is only required, when the congregation is willing that a minifter be fettled. Now, it cannot be affirmed, that this congregation, even fuppofing all to be members of it who were once fo, are willing that a minifter be fettled. VOL. XX.

;

They had conceived prejudices againft Mr Bonar, ftronger prejudices againft Mr Douglas, and the fame prejudices muft prevail against every man who is prefented by the King, and called by the heritors. Their prejudices are of two forts; ift, in favour of one teacher 2dly, against the legal method of prefenting minifters. The objections are not again ft Mr Bonar, or Mr Douglas, or any other minifter of the church, but against every one whatever, one darling paftor excepted. On him they had centered their affections; him they have feduced from that church in which he might have been fo useful, and fo diftinguished; in his favour they would even dare to obey the laws of their country, and fubmit to patronage.'

Several papers were read in the affembly; then parties were heard on the queftion between the prefbytery and the commiffion, Whether the commiffion had exceeded their powers? and, after reafoning, a vote was put upon it; and carried Not, by a great majority. So the complaint against the commiffion was difmiffed. Then, after reafoning, the affembly agreed, without a vote, that the fentence of the prefbytery of Dunkeld, transporting Mr Douglas from Kenmure to Jedburgh, fhould be carried into execution; and after further reafoning, on the manner of executing it, the following judgment was given. "The general affembly did, without a vote, and hereby do, appoint the prefbytery of Jedburgh to admit Mr Douglas as minifter of the town and `parish of Jedburgh, with the ufual folemnities, betwixt and the end of July next, fo as to be in condition to report their having done fo to the commiflion in Auguft; or failing of a quorum of the commiffion in Auguft, to the commiffion in November next: and the aflembly ordains every member of the prefbytery to be prefent at the faid admiffion; and fuch of them as fhall be then abfent, are hereby declared to be ipfo facto fifted before the commiffion in Auguft or November, as above, to account to them for their abfence; and the commiffion are hereby impowered to judge of the

relevancy

relevancy of their excuse; and in cafe they find it not relevant, to inflict fuch cenfure as they fhall think proper: and the general affembly do further impower the commiffion to be named by them, to take in and judge of any complaint, reference, or appeal that fhall be made to them relative to the fettlement of Mr Douglas as minister of Jedburgh." ·

Next day, May 30. came before the affembly, a reference from the fynod of Merfe and Teviotdale, concerning the aforementioned Mr Bofton. The fynod found, that Mr Bofton's conduct deferved fevere cenfure; but that, in order to give weight to any cenfure that might be inflicted, the authority of the affembly fhould be interpofed; and therefore they appointed the prefbytery, to transmit to the aflembly, extracts from their records, of the demiffion given in to them by Mr Boston, and of their deliverance on it, and to cause fummon Mr Boston to appear before the affembly, in order to their giving a final judgment in the affair. Which was accordingly done by the prefbytery.

The demiffion was addreffed to the prefbytery of Jedburgh, which was to meet on the 7th of December 1757. A copy of it follows. "The demiffion of me Mr Thomas Bofion minifter at Oxnam, humbly fheweth, Albeit there are several things in the national church, which have been all along difagreeable to me; yet the prefent method of fettling vacant churches by the mere force of prefentations, which has been fo long perfifted in, and is almost every year profecute more vigorously, is fo diametrically oppofite to all the laws of Jefus Chrift about that matter, has fuch a manifest tendency to fill the church with naughty members, to mar the edification of the body of Chrift, and, in fine, utterly to deftroy the dying remains of religion in the nation, that I can no longer fit a member of the prefent judicatures of this church, but must leave my place there, that I may take part with the oppreffed heritage of God. When I entered on my miniftry in the national church, more than twenty years ago, even then with concern I beheld violent fettlements au

thorised by the general affemblies there. of. But in those days there was a very confiderable number of members who oppofed fuch violences, and they were by their number and influence a pretty good balance against those who favoured them. Hence, when the general affembly, or their commiffion, had authorised a violent fettlement, the next assembly was readily compofed of fuch members as were inclined to check and control thofe tyrannical measures. But, alas! the times are visibly altered to the worse ! The bulk of those worthy men who oppofed the incroachments complained of, are, 'tis likely, retired to their reft and reward. The evidence hereof is, that, for a courfe of years paft, we find one affembly after another changing their members, but never changing their tyrannical measures in fettling vacant churches. Those who adhere to the ancient principles and practice of the church of Scotland in this matter, are now reduced to such a small and inconfiderable handful, that they are quite run down by the numerous opponents, and have it not in their power to reform thofe crying abuses, nor to do juftice to the oppreffed, while they continue in the communion of the church. Upon thefe, and other confiderations, which afterwards may be made mani. feft, I judge it my duty to give up the place which I hold as a minister of the national church, and at the fame time to continue in the full exercise of that miniftry which I have received of the Lord Jefus, as God in his providence fhall give me opportunity. Therefore wit ye me the faid Mr Thomas Boston to have demitted and laid down, like; as I hereby fimpliciter demit and lay down my paftoral charge of the parish of Oxnam, and deliver over the faid pa rish into the hands of the Rev. prefbyte ry of Jedburgh, within whose bounds lies; craving that the faid Rev. prefby tery may, upon this my demiffion being lodged in their clerk's hands, and read in their prefence, find the faid parish va cant, and cause the fame be declared due form, and proceed to the fettle ment of a gofpel-minifter therein, wit

all convenient speed. Upon all which I take inftruments, and crave extracts. T. BOSTON. After the demiffion was read, Mr Boston read a paper which he had prepared to explain and illuftrate it. The prefbytery reasoned long with Mr Bofton, both in public and private, and were all, except the elder of Jed. burgh, of opinion, that he fhould con. tinue in his charge, injoined him to continue in it at leaft till their next meeting, and kept the affair open till then. But he would not comply. Therefore, at their next meeting, Jan. 4. the prefbytery found, that" Mr Bofton had, by his demiffion, renounced and given up all minifterial communion in the prefent eftablished church of Scotland, and left the parish of Oxnam vacant in their hands; and that the church of Oxnam was vacant from the date of his demiffion."

An execution of the fummons against Mr Bofton was given in to the affembly; and he was called, but did not appear. Queftions were moved concerning fome alledged informalities in the method of proceeding against him; but, after reafening, the affembly came unanimoufly to the following refolution. "The general affembly, in refpect of the particular circumstances attending this caufe, did agree to take Mr Bofton's demiflion under their confideration, together with the proceedings of the prefbytery of Jedburgh relating to him, whereby they End, that he has declared himself to be no minifter of this church, and that he will not hold communion with her judicatures; and did therefore, without a vote, declare, that he is incapable of receiving or accepting a prefentation or call to any parish in this church, without the fpecial allowance of fome fcture general affembly; and the general affembly does hereby prohibit all the minifters of this church, from employing him to preach or perform any minifterial offices for them, or from being employed by him, unlefs fome future af fembly fhall fee caufe to take off this prohibition." And Mr Bofton being again called, and not appearing, the ahove fentence was read.

The affair brought in next was a petition for Mr William Brown, bearing, That, by virtue of his Majefty's patent, he was admitted, on the 28th of February 1757, regios profeffor of divinity and church-history in the university of St Andrew's [xix. 266.]; that being advifed, that minifters admitted profeffors of divinity in any of the universities in Scotland, have always been, and are intitled by the conftitution to be admitted members of the church-judicatures in whofe bounds the univerfities lie, he applied to the prefbytery of St Andrew's to be inrolled a member, agreeable to their own practice in like cafes; and that, on the 10th of May current, the prefbytery gave judgment, delaying the further confideration of the affair till their next ordinary meeting, in regard it appeared to them to be a matter of great importance, which may be attended with confequences that may much affect the intereft of religion in that corner. Against this fentence Prof. Brown appealed to the affembly. Parties appeared, and were heard; Prof. Brown himfelf, and his lawyer; and for the prefbytery, Prof. Shaw and Mr James Gillefpie. The affembly, without a vote, appointed the prefbytery to receive and inrol Prof. Brown as a member at their first meeting.

On the 31ft the court went upon a caufe concerning the fettlement of an affiftant and fucceffor to Mr James Stewart minifter of Kilmory in Arran, in the prefbytery of Kintyre. In February laft three minifters and their elders, who then made a majority of the prefbytery, fuftained a prefentation to this charge in favour of Mr James Stewart of Kilwhinlick, late minifter in Bute. From this fentence Meff. John Macalpin and Archibald Macneil appealed to the fynod of Argyle. Mr Stewart the incumbent was not prefent at this meeting of prefbytery, but fo foon as he was apprifed of the fentence, he appealed to the affembly. On the 23d of March the prefbytery divided; the aforementioned Meff. Macalpin and Macneil, and Mr Gerfhom Stewart, who was moderator, and is fon of Mr Stewart Q92

the

Grayfriars church, Mr Walker and Mr Erkine in the College church, Mr Blair and Mr Robertion in the Lady Yefter's church; without which deftina tion we cannot confent to an auditory at prefent, because we apprehend it will not answer the good intended by the commit tee. And we are further of opinion, that the fcheme of an auditory cannot at prefent take place with advantage, unless the other parties interested give their confeat And Mr Walker, the present minister of the New church, figns this paper with his brethren, in confidence that they are the proper judges who thefe parties are. [Signed] John Glen. Pa trick Cuming. George Wifbart. Robert Wallace. Ja. Stevenfon. Alex Webfter. Jo. Jardine. Hugh Blair. Robert Dick. Ges. Kay R Walker." The committee reported both papers to the affembly next day. The project of making the New church an auditory could not take effect, becaufe parties would not confent; the affembly therefore went upon the merits of the caufe. After lorg rea foning, the question was put, Reverse the fentence of the fynod, or Not? and carried Reverse, 64 against 54. So that Dr Blair is to be minifter of the New church, and Mr Lundie of the College church.

The following act was paffed June 3. "The general affembly confidering, that a great many prefbyteries neglect to fend up their opinions concerning overtures tranfmitted to them, whereby the confideration and enacting of feveral overtures has been poftponed, do hereby enaft, that when any overture hath been twice tranfmitted, the general affembly will, without further tranfmiffion, take them into confideration, and pafs them into acts, or reject them, as they fhall fee caufe, although prefbyteries have not fent up their opinions." [xv. 257-]

The fame day, on a reprefentation from the fociety for propagating Chrifan knowledge, the affembly appointed the feveral prefbyteries to inquire, whether or not a parochial school is eftablished in every parish within their bounds refpectively; and where fuch fchools are wanting, to make applica

tion to the commiffioners of fupply for having them erected, with legal falaries, as the law directs: and the affembly appointed the procurator and agent for the church, at the public charge, to commence and carry on all proceffes neceffary for putting in execution the laws relating to parochial schools.

On this day alfo the affembly disjoined Moneidie parish from the prefbytery of Dunkeld, and annexed it to that of Perth.

A petition for Mr Thomas Nairn, fometime minifter at Abbotshall, but who on account of his feceffion from the church, was depofed by the affembly 1740, was read, June 5. bearing, That the petitioner was admitted to all churchprivileges by an act of the presbytery of Kirkaldy, dated May 2. 1751.; and containing an acknowledgment of his error, in feceding from this church, his promife and engagement (by the ftrength of God) to walk orderly for the future, and fubject himself to the judicatures of this church; and his earnest desire, that the affembly would take off the fentence of depofition under which he had fo long groaned, and restore him to the exercife of his office and duty: and Mr Nairn having been heard on the subject-matter of his petition, the affembly, without a vote, agreed, to grant the defire of it; and accordingly took off the fentence of depofition pronounced against him, and reponed him to the office of the holy miniftry in this church: which, in the affembly's name, was intimated to him by the Moderator from the chair, with fuitable exhortations. In return Mr Nairn made the following speech. rator, I rejoice, blefs God, and thank the Venerable Affembly, that I am now eafed of a heavy burden, and hearti ly welcome the exhortation that has been tendered to me from the chair and

confidering the goodness of God, and the lenity and kindness that has been fhewed me from firft to laft, I cannot but lament, that I not only feparated from all communion with the faid judi catures, but also affociated with others in a diftinct and oppofite body, gathering a church out of a church or churches,