fent content ourselves with an extract, viz. "From the prudence and moderation of your deliberations, we have no doubt of your determination to continue your exertions with a truly Chriftian zeal; that, conformably to the intent of your meeting, you will proceed in the difcouragement of vice and licentioufnefs; and that, actuated by no other motive than the defire of promoting piety and virtue, you will avoid all contentions, and unedifying debates; that your counfels will folely tend to the fuppreffion of every fpecies of immorality, and the increase of the true happiness of our fubjects, by enforcing a confcientious obfervance of the religion and laws of these kingdoms, on which the felicity of every individual fo effentially depends."

On a motion made, the Moderator, Dr Shaw, Princ. Robertson, and Dr Macqueen, minifters, and the Lord Advocate, and the Lord Provost of Edinburgh, ruling elders, were appointed, as a committee, to wait of the Commiffoner, to exprefs to his Grace, in the affembly's name, the fenfe they had of his Majefty's favourable regard to the church, in the repeated affurances given by him of his royal protection, in countenancing the affemblies with his approbation and royal authority, in gracioufly continuing his royal bounty for the valuable purposes expreffed in the grant, and again appointing one fo acceptable to the affembly, to reprefent his royal perfon. The committee having immediately waited on the Commiffioner, they returned in a fhort time, and reported, that his Grace confidered the meflage as a particular mark of the affembly's refpect, for which he returned his thanks to the affembly.

Friday, May 24. On report of a committee, the following minifters were appointed to lecture and preach in the forenoon, and to preach in the afternoon, before the Commiffioner, viz. Mr John Shepherd at Muirkirk in the forenoon, and Mr James Nairne at Pittenweem in the afternoon, of Sunday, May 26.; and Mr Thomas Robertfon at Dalmeny in the forenoon, and Mr Duncan Macmyne at Dalmellington in the afternoon, of Sunday June 2.

Saturday May 25. This day the affem bly took into confideration the objections made to the commiffions of fome members; an answer to the King's letter was

read, approved of, figned by the Moderator, and directed to be properly transmitted; and other usual matters were gone through. There were debates on the commiffions both this day and Monday.

One of the commiflions objected to, was prefented to the prefbytery at a pro re nata meeting, and the prefbytery refufed to atteft in terms of the acts of affembly [xxix. 12.]. The gentleman was heard before the affembly, in fupport of his commiffion; and a mem ber of the prefbytery rose up to speak in defence of their conduct. In the outfetting, happening to fay, he hoped to fatisfy the affembly, there were fome things in the gentleman's character that rendered him an improper person to fit in that house, Mr Ferguson of Craigdarroch called to order; afking, if the gentleman objected to was at prefent under church-cenfure, or if he had been ferved with a libel; adding, that unless either of these were the cafe, he hoped the affembly would never be guilty of fo great a breach of forms, and of juftice, as to fuffer a gentleman's character to be traduced brevi manu. Some debate enfued; the refult of which was, that no difcuffion of the gentleman's character could be entered upon. The prefbyterymember declared his intention to have been, to exculpate the prefbytery from any imputation of partiality.-Princ. Robertfon juftified the prefbytery, on the principle, That a prefbytery met pro re nata, could take no other bufinefs under confideration but the res for which they had been called together. Mr Allan Maconochy, advocate, was of opinion, that the attefting of commiffions was certainly an act of voluntary jurisdiction, and, like all acts of that fort, where there were neither parties nor litigants, might be exercised at any place, and at any time. After fome further reafoning, the commiffion was fuftained without a vote.

A commiffion to Mr Allan Maconochy, advocate, from the borough of Dunfermline, was refused to be attefted by the prefbytery; who alledged, that all the property Mr Maconochy had within the borough was only about twenty roods or twenty falls of land, for which he drew no more of rent than about 9 1. Scots; and, further, that he had not produced his titles to this fmall piece of ground, fo that there was reafon to believe he was only a nominal and fictitious proprietor.

proprietor. Some members feemed defirous of an opportunity to animadvert on the Dunfermline politics [108.] A Rev. member was fevere on the prefbytery, and faid, that the politics of Dunfermline were well known, and he was forry to obferve, that fomething of the political fpirit had appeared in this matter. The Rev. Mr Thomfon of Dunfermline spoke in defence of the prefbytery, and the Rev. Mr Campbell of Renfrew on the opposite fide, both with fome warmth. The commiffion was sustained without a vote.

A third commiffion occafioned a good deal of debate, that from the borough of Irvine, to Mr Bufbie writer in Dumfries; which the prefbytery refused to atteft, giving for the reason, That Mr Bufbie was an entire stranger to them; and that they had no evidence of his moral character, or of his being otherwife qualified to reprefent that borough. Dr Barclay of Haddington obferved, that objections made to the fame gentleman the preceding affembly were over-ruled, and he was found every way qualified for being a member; that therefore this affembly could not, confiftently, give a different judgement. Mr Ferguson of Mouline answered, that this affembly were not tied down by the decisions of any former affembly; that they were to judge for themfelves, according to the circumftances of the cafe, and the evidence before them; that the objections at prefent made to Mr Bufbie might be different from thofe made laft year, and fuch as ought to receive a different judgement. Meff. Morifon of Paisley, and Campbell of Renfrew, made ufe of the fame arguments. Dr Blinshall enlarged: He remarked, That there were two things which fome members feemed to have a great veneration for, but which he could by no means think had an equal claim to their attention; meaning, the decifions, and the acts, of affembly; that in judging of any question, he was not bound to pay an implicit obedience to decifions, nor fhould they ever influence his conduct any further than they were agreeable to the great principles of reafon and juftice; that this affembly was not tied down to follow the decisions of any former affembly, even when the cafes were precifely the fame, much lefs when the circumftances were different: but with respect to the acts of affembly, these were folemn enactments, to which all its members were bound to pay a

ready obedience, and he fhould, on every occafion, think it his duty to bow with fubmiffive reverence to the laws of the church.-As Mr Bushie had not yet come up, the further confideration of the matter was deferred.

Mr Bufbie appeared in court on Monday, and the debate was refumed.Princ. Robertfon took notice, that the commiffion now before them was in the fame predicament with one to the fame gentleman last year, which the affembly, after mature deliberation, had been pleafed to fuftain; and therefore moved, that as both cafes were exactly fimilar, the fame judgement should be given. Mr Morifon and Dr Blinfhall answered, that the laft affembly might have given a wrong judgement; and if fo, their example fhould not be followed: they therefore infifted to hear parties.-Mr Bufbie then went to the bar; and faid, in fupport of his commiffion, That the prefbytery deferved cenfure; for that though the decifion of the preceding affembly might have been held by them fufficient evidence of his moral character, he had for their further fatisfaction produced to them an atteftation from the borough which he was to represent, bearing, That he was an elder lawfully ordained, of an unblemished character, circumfpect in his walk, and regular in his attendance on divine ordinances; that, though they laid no crime to his charge, they refufed to atteft him as an elder; that innocence was always to be prefumed till the contrary appeared; and that after a man had been once proved to be{ of an unblemished character, he was prefumed to continue fo. Some members were now going to defend the presbytery from the bar: to which Mr Morifon of Pailley objected. He did not fee how the prefbytery could be confidered as parties; no proteft or appeal had been entered against their judgement; it would therefore be contrary to form, and tổ juftice, to oblige them to defend a judgement which they did not know was to be brought under review, while the other party came fully prepared; he thought any member of the prefbytery might fpeak as a judge, but the prefbytery could not be made parties.—The Lord Advocate agreed in opinion with Mr Morifon.-A member of the prefbytery, however, ftated their reasons for refusing to atteft, importing, That Mr Bufbie was an absolute itranger to their and had produced no certificate of Lis

character.

any

character. Mr Currie, advocate, faid, That Mr Bufbie had a certificate of his character from the borough by which he was chofen; and if the prefbytery wanted further fatisfaction on that head, it was eafy for them to obtain it; adding, that it was a great hardship, and contrary to all his ideas both of law and juftice, to oblige a perfon to produce a certificate of his character every time he was chofen a ruling elder.- Dr Blinfhall, in anfwer, faid, he hoped it would never be held to be any part of the duty of a minifter, to go about like a kirk-officer, collecting certificates for fuch gentlemen as wished to fit in that houfe; an employment too mean for the loweft kirk officer. Mr Campbell of Renfrew added, that to deny the neceffity of renewing certificates, according to the doctrine of the young gentleman of the law, would be adopting the maxim, That if a perfon be once honeft, he will be always honeft; a maxim often contradicted by fact. Many people," said he, "from Glasgow and Pailley come to the facrament at Renfrew; and if they bring cer tificates of their character from their own minifters, I never refuse them tokens. But if a perfon who had once brought me fuch a certificate, fhould return in four years after, and ask a token, I would ask him, Where is your certificate? If he should anfwer, I got a token from you formerly on fhowing a certificate of my character, and I did not think a new certificate neceffary; I would tell him, O !Friend, that will not do: you may have done a great deal of good fince that time; I hope you have; but you may have done a great deal of ill too, and may have done many things that would render you a very improper communicant." He therefore juftified the prefbytery for refusing to atteft the commiffion. The Lord Advocate spoke fully in fupport of the commiffion, and in vindication of Mr Busbie's character, -The affembly, without a vote, fuftained the commiffion.

Monday, May 27. This day the Commiffioner came to the Affembly. His Grace made a speech and the Moderator, at the affembly's defire, gave the thanks of the Houfe to his Grace, and expreffed the high fatisfaction they felt at feeing his Grace in his own place among them. As no copy of the Commiffioner's fpeech was given out, we take what relates to it from the news papers. The house was very full,-A

66

report had been propogated, that a confiderable number of the clergy were for addreffing the King, to recall the troops from America, and to put an end to fo unnatural a war. — What follows is the fubftance of the Commiffioner's speech: That it was with much concern and regret that he had been fo long hindered, by the bad ftate of his health, from taking his feat among them: That he had the highest respect for such a learned and venerable body of men; and that he had, on many former occafions, met with fuch ample proofs of their loyalty, zeal, and affection for his Majefty's perfon and government, as had enabled him to affure his Majefty of their firm attachment to his perfon, and to the illuftrious Houfe of Hanover: That as they were already high in the estimation of their Sovereign, who had, on sundry occafions, expreffed a very warm fenfe of their affection for him; and as the prefent was a time which loudly called for fome extraordinary marks of their zeal and attachment; he did not doubt, that, on this occafion, they would recommend themselves to his Royal favour, by the strongest expreffions of their loyalty and affection: That he hoped the fentiments which he felt in his own breast, were the fame with those which they felt on this occafion, and which, he flattered himself, would now influence their conduct: That fuch was the prefent alarming fituation of public affairs in America, that he hoped to be forgiven by them for directing their attention to a matter of fuch public concern: He would not, however, enter into a detail of the causes of the present troubles on that continent: That it was not now time for difcuffions of that fort; the affair of the moment was the bufinefs of the moment: That it was fufficient to obferve, that many of the provinces had already regoited from the parent-state, and were now in actual rebellion against the mother-country: That they had already fhaken off their allegiance to their Sovereign, and denied the supremacy of the British legiflature: That they were now no longer acting on the defenfive; their aim feemed to be, to shake themfelves loose from the parent-ftate, and to establish an independent empire: That, with this view, they had already attacked his Majesty's fortreffes; and had invaded and taken poffeffion of the large province of Canada, Quebec, he hoped, excepted: That, in fuch circumftances,

the