lord Kenyon said, "the power for pressing persons for the sea service is not general, it goes as far only as the safety of the country requires that it should, and there it stops. It extends to persons whose employment is upon the sea and in navigable rivers." 1 East's Rep. 471.

In the Case of Douglas, 5 East's Rep. 477, it was decided that a seaman, serving in the merchant service, is not exempt from being impressed because he is a freeholder.

The author of the "Discourse on the Impressing of Mariners," seems to have supposed that such persons as the above-mentioned Fox and Douglas would not be exempted from impressment.

"If," says he in the Postscript to his Tract, "the impress be admitted, it sweeps all mariners away at pleasure, except an inconsider. able number exempted by statute. No qualification of fortune, or of birth, or of being a burgher, or of a right to vote in the election for representatives in parliament can by him who has once been a mariner be pleaded against it. The impress is paramount over all mariners in all cases wherein individuals are not protected by special acts of the legislature."

appears to have been introduced while he was Chief Justice, of procedure upon applications, particularly by impressed persons, for writs of Habeas Corpus. With respect to this method of procedure, and to the Writ of Habeas Corpus itself, much learning is to be found in lord chief-justice Wilmot's Opinions on the Writ of Habeas Corpus and in the Case of the King against Almon. (Notes of Opinions and Judgments delivered in different courts by sir John Eardley Wilmot, pp. 77, 243, 4to. 1802.) See, also, New Parl. Hist. Vol. 15, p. 897, et seq.

I

The reasonings of Franklin and the author of the Discourse, &c.' concerning the right from alleged necessity, particularly in so far as such necessity is connected with trade, and concerning the rate of payment to impressed persons, are no doubt of considerable weight. understand that within the last sixteen years the condition of seamen in the Royal Navy has been considerably improved, and the rigours of impressment have been much abated. I am informed upon very sufficient authority, that the late admirable Mr. Windham entertained the wish that a plan of service for a limited time might be adopted in the British navy. Concerning impress of soldiers, something is to be found in "A Discourse of Tenures," said to be written by sir Walter Raleigh, (Gutch's Collectanea Curiosa, vol. 1, No. VII.)

diers who having received part of their wages, &c. should depart from their captains, &c. were to be punished as felons,) because it artificially suggests a doubt, whether the stat. 18 H. 6 extended to mariners and gunners serving on the seas; whereas according to him " it is past all doubt that the last mentioned statute could not possibly be made to extend to them;" in which opinion I apprehend that every person who shall read the statute will concur.

In the Declaration of the Prince Regent dated Westminster, January 9th, 1813, the impressment of British seamen, when found on board American merchant ships, was denomi- The author of the Discourse on the Imnated "the exercise of a right which she [Great pressing, &c.' censures the stat. 5 Eliz. c. 5, Britain] has felt to be essential to the support s. 27, (extending to mariners and gunners the of her maritime power." So also in lord Cas-enactments of stat. 18 H. 6, c. 19, that soltlereagh's letter of August 29th, 1812, to Mr. Russell," the ancient and accustomed practice of impressing British seamen from the merchant ships of a foreign state" is denominated "the exercise of a right upon which the naval strength of the empire mainly depends." See also the Parl. Debates, Feb. 18, 1813, on the American Question; and a very able article in the Edinburgh Review N° 21, vol. 11, p. 1. N. B. By stat. 13 Geo. 2, c. 3, s. 2, "For better encouraging of foreign mariners and seamen to come and serve on board ships belonging to this kingdom of Great Britain," all such persons having served two years during time of war on board his majesty's ships, or merchant ships, or privateers, shall be intitled to all the rights of natural born subjects, subject however under § 3 to the exceptions of being of the Privy Council or either House of Parliament, holding offices, &c. agreeably to the restrictions of stat. 12 W. 3, c. 2, as to denizens and naturalized persons. And by stat. 13 G. 2, c. 17, every foreigner serving in any merchant ship or privateer belonging to British subjects is exempted from impressment.

In the celebrated "Letter concerning Libels, Warrants, Seizure of Papers, &c." one topic of most vehement and caustic attack upon the conduct of lord Mansfield, was the method which

Since P. 1354 was sent to the press, I have inspected the statute, which is on the Roll, 16 Car. 1, p, 3. No. 1. It is intitled, "For the better raising and levying of soldiers for the present defence of the kingdoms of England and Ireland:" and the words of the recital are, "Whereas by the laws of this realm none of his majesties subjects ought to be impressed or compelled to go out of his country to serve as a souldier in the wars, except in case of necessitie of the sudden coming in of strange enemies into the kingdome, or except they be otherwise bound by the tenure of their lands or possessions." And the act proceeds to authorise during eleven months the pressing of soldiers for the king's service in Ireland. Thus it will be observed that this act is in terminis confined to land forces.

528. The Trial of Mr. DANIEL TAYLOR, Preacher in an Episcopal Meeting-House, and others, for not presenting their Letters of Orders, and for not praying for his Majesty King George: 2 GEORGE I. a. d. 1716.† [Now first published from the Records of Justiciary at Edinburgh.]

Mr. Andrew Lumsduin, preacher in the episcopal meeting house in Barrengers-closs in Edinburgh.

CURIA JUSTICIARIE, S. D. N. Regis tenta in prætorio burgi de Edinburgh, undecimo die mensis Junij millesimo septingentesimo decimo sexto, per honorabiles viros, Mr. James Walker, preacher in the episcoDominos Gilbertum Eliot de Minto, Ja- pal meeting house in Dicksons-closs in Edin cobum Mackenzie de Roystoun et Guliel- | burgh. mum Calderwood de Polton et magistros Jacobum Hamilton de Pancaitland et Davidem Erskine de Dun, Commissionarios Justiciarij dict. S. D. N. Regis.

Curia legittime affirmata.

THE Lords Commissioners of Justiciary, in respect of two certificates produced for Mr. Alexander Sutherland junr. and Mr. Adam Peacock, two episcopal ministers, being both upon soul and conscience, that they are not able to attend, in respect of their indisposition, they therefore continue the dyet against them till Monday next.

Intran'

Mr. Daniel Taylor, preacher sometimes in the episcopal meeting house, in Harts-closs in Edinburgh.

Mr. William Abercrombie, and Mr. David Freebairn, preachers in the episcopal meeting house in baillie Fifs-closs.

Mr. George Johnstoun, preacher in the episcopal meeting house in Barrengers-closs.

Mr. George Graham, preacher and user of the English liturgy in his own house, to which many do resort as an episcopal meeting house in Canongate-head.

Mr. Jasper Kellie, preacher in the episcopal meeting house below the Fountain-well. Mr. Henry Walker, preacher in the episcopal meeting house in Todricks-wynd.

Mr. Robert Marishall, preacher in the episcopal meeting house in baillie Fyfes closs. Mr. Robert Wyllie, preacher in the episcopal meeting house in baillie Fyfes-closs.

Mr. Keith, preacher in the episcopal meeting house in Barrengers-closs.

Mr. Thomas Rind, preacher in the episcopat meeting house in Sandilands-closs, all within the city of Edinburgh and Cannongate.

Mr. Arthur Miller, preacher in the episcopal meeting house in Leith.

Mr. Robert Coutt, and Mr. James Hunter, episcopal preachers in the meeting house of Musselburgh,

Indicted and accused at the instance of sir David Dalrymple of Hailes baronet, his majesties advocat for his highnesses interest, for not producing of their letters of orders, and for not praying for his majesty king George in manner nientioned in the criminal letters raised against them thereanent, makeing mention, That whereas by an act of parliament of Great Britain, past in the tenth year of the reigne of her late majestie queen Ann, of happy memory, intituled, An Act to prevent the disturbing of those of the episcopal communion in that part of Great Britain called Scotland, in the exercise of their religious worship, and the use of the liturgy of the church of England, and for repealing the act passed in the parliament of Scotland, intituled, An Act against irregular baptisms and marriages. It is enacted, That it shall be free and lawful for all those of the episcopal communion in that part of Great Britain called Scotland, to meet and assemble for the exercise of divine Cock-worship, to be performed after their own manner by pastors ordained by a Protestant bishop, and who are not established ministers of any church or paroch, and to use in their congrega tions the liturgy of the church of England if they think fitt; Provided alwayes, That non shall presume to exercise the function of a pastor in the said episcopal meetings and congregations, except such who have received holy orders from the hands of a Protestant bishop, and that every person who shall be called or appointed to be a pastor or minister

Mr. Patrick Home, preacher in the said
episcopal meeting house in Todricks-wynd.
Mr. Robert Calder, preacher sometimes in
Edinburgh, and sometimes in Tranent.

Mr. William Milore, and Mr. William
burn, preachers in the episcopal meeting house
in Blackfrier-wynd.

Mr. Alexander Sutherland, sen. and Mr. Robert Chein, preachers in the episcopal meeting house at the back of Bel s-wynd.

Mr. Andrew Cant, Mr. David Lambie, Mr. David Rankine, and Mr. Patrick Midletoun, preachers in the episcopal meeting house in Skinners-closs.

See like Case, vol. 17, p. 781.

+ This report was not obtained in time for of any episcopal congregation, before he take insertion in chronological order.

upon him to officiat as pastor of the said con

INFORMATION

his Majesties Advocat,

AGAINST

BIE, and others, Pannells.

The pannells stand accused of crimes the least consistent with the character of clergymen or subjects, and the most pernicious in their consequences that can well be thought of.

omitted every prayer, petition, or part of the said liturgy and service of the Church of England, where his majesties said naime, or For Sir DAVID DALRYMPLE, of Hailes, baronet, the name of their royal highnesses the prince and princess of Wales and their royal issue, are by authority expressly appointed to be named Mr. DANIEL TAYLOR, Mr. WILLIAM ABERCROMor mentioned, and in place thereof, made use of certain general and equivocal words, to the dishonour of God and true piety, and contrary to their profession of following and making use of the Liturgy of the Church of England, and duty of praying for his majestie as supreame christian magistrate, manifestly in contempt of his authority, and tending to excite sedition, and alienate the affection of his people, from his majesties person and government, stirring up thereby his subjects to misliking, sedition, unquietness and to cast off their obedience to his majestie to their evident perill, tinsel and destruction. By which the haill forenamed persons complained upon and each of them, or one or other of them, were guilty actors or art and part of the neglects contempts and crimes abovementioned. Which or any part thereof being found proven by the verdict of an assize before the lords justice general, justice clerk and commissioners of justiciary, they and each of them ought to be punished for the same with the pains contained in the said acts of parliament, particularly and generally above mentioned, and other pains of law, to the example and terror of others, to committ the like in time coming. And their several meeting houses ought to be shutt up for not production of their orders respective, and for their contemptuous neglecting and passing over, the petitions and parts of the liturgy of the Church of England, wherein his majesties name, or the prince and princess of Wales and their royal issue are exprest, and using of general and equivocal terms in manner foresaid.

Pursuers-Mr. Duncan Forbes his majesties advocate depute; Mr. John Elphingston and Mr. Robert Dundas Advocats.

Procurators in Defence.-Mr. James Grahame, Mr. Alexander Hay, Mr. John Falconer, Mr. Adam Coutt, Advocats.

The lybel being read and fully debate vivá voce in presence of the said lords, pannells and assizers, the Lords Commissioners of Justiciary ordain both parties to give in their Informations to the clerk of court, the pursuer to give in his betwixt and Wednesday next to come, at six a clock at night, and the pannells to give in theirs against Friday therafter at six a clock at night, in order to be recorded, and coppies to be put in the lords boxes, against Friday afternoon, and continue the dyet of the said cause till Monday next, and ordain assyzers and witnesses to attend then, each under the pain of one hundred merks.

As early as the late happy Revolution, several ministers of the episcopal perswasion, declared their enmity at that settlement by refusing to acknowledge, or pray for their late majesties king William and queen Mary of glorious memory, upon which they were deprived of their churches. But continueing to officiat as pastors, without praying for their soveraigns, the parliament 1690, by the $5 act, declared their performing public service, without praying for their then king and queen, to be a manifest contempt of public authority, a stirring up and fomenting the disaffection of the people to their majesties and to the government, and an encouragement of all their enemies, therefore prohibiting them to exercise any part of the ministerial function, either in churches or elsewhere, without application to the privy council, taking the Oath of Alledgiance, and engageing themselves under therr hand to pray for their then majesties king William and queen Mary, certifieing them, that if they did in the contrary, they should be proceeded against as enemies to the government with all rigour.

This act notwithstanding, some of the clergymen aforementioned continued their disaffection, exercising the ministerial function without praying for the soveraigne, rather pitied for their folly, than prosecuted with the pains of law, until 1712, that the parliament, willing to deall tenderly with scroupulous consciences, enacted the Tolleration Bill, whereby those of the communion of episcopacy in Scotland were protected in the exercise of their religious wor ship. But so sensible was that parliament of the abuses committed in the admission of clergymen by supposed bishops, who perhaps derived their title from the Pretender, and so conscious of the danger that might ensue, if the people were taught by pastors who had always stood out in opposition to the present happy settlement of the crown, that by an express clause they prohibited any person to presume to officiat as pastor except such as had received holy orders from the hands of a Protestant bishop, and required every such pastor to produce and record his letters of orders with the justices of the peace at their quarter sessions. And by another clause, they required every minister and pastor, as well of the established church as of the episcopal communion, to pray at some time during divine worship in express words for the soveraigne, and the heirs of the crown, as it then stood entailled, under the

Though nothing could be more favourable for Protestant subjects of the episcopal commu- And 2do, Allowing the clause to be pronion than this Act of Tolleration, experience hibetory, simply it was argued, tho' the probiquickly showed how dangerous the abuse of it bition in the first part of the clause was absowas, for no sooner had the disaffected clergy-lute; discharging all persons to exercise the men gote the shelter of a tolleration, then meet-function of a pastor, except such as were ading houses were sett up, where divine service was publickly performed without the least obedience given to the law, either in respect to the production of the pretended ministers letters of orders, or to the praying for their soveraigne expressly; but on the contrary, general and equivocal words were used, to the dishonour of God, and promoting of these seditious principles, which soon broke furth into open rebellion, and it is but too well known, that almost every one who had the misfortune to be concerned in the late unnatural treason within Scotland, was of communion with the pannells, or other episcopal ministers in their circumstan