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Scottish Chronicle.

T

GENERAL ASSEMBLY.

Thursday, May 22.

HIS forenoon, the Right Hon. the Earl of Errol, his Majesty's Commissioner to the General Assembly of the Church of Scotland, after holding a levee, proceeded from Merchant's Hall to the High Church, to open the Assembly. He was attended by a great number of Noblemen and Gentlemen, and Naval and Military Officers of distinction, the streets being lined by detachments of the 6th dragoon guards and the 88th regiment.

A sermon was preached by the last Moderator, the Reverend Dr John Cook, Professor of Divinity, St Andrew's, from Isaiah, v. 20. "Woe unto them that call evil good, and good evil; that put darkness for light, and light for darkness; that put bitter for sweet, and sweet for bitter." After divine service, his Grace the Commissioner retired to the Assembly-room, when the Members proceeded to chuse a Moderator. The Rev. Dr Gavin Gibb, minister of St Andrew's Church, Glasgow, was unanimously elected.

The Prince Regent's commission, accompanied with a letter from his Royal Highness to the Assembly, and his Majesty's usual beneficent grant of £.2000, for the promoting of religious knowledge in the Highlands and Islands of Scotland, was then read; after which his Grace the Commissioner opened the Assembly with a speech from the throne, to which the Moderator made a suitable reply.

A Committee was then appointed to draw up an answer to the letter of his Royal Highness the Prince Regent.

Dr Cook, the last Moderator, then rose to move an address to the Prince Regent. The Rev. Doctor particularly adverted to the late atrocious attack upon his Royal Highuess, and those principles which of late had been spread through some parts of the United Kingdom, by wicked and designing men, subversive of the Constitution, as by law established, and which struck at the establishment of both Church and State. He pointed out the necessity of inculcating into the minds of the people the principles of morality and religion, as the only sound support of our free and happy constitution; and concluded by moving, that an humble ress should be presented to his Royal

Highness, and a Committee appointed to present the same.

This motion was seconded by Dr Nicol, and a Committee named accordingly.

Dr Nicol rose, and, in an appropriate speech, called to the recollection of the Assembly, the long period of time during which the late Commissioner, Lord Napier, had held that high and dignified office. He appealed to every member of the Assembly, if, during the fifteen years that highly respectable nobleman had represented his Majesty there, they had not met with the most marked attention and kindness, and that on every occasion he had proved himself the warm and firm friend of the Church of Scotland. He was perfectly aware, that any panegyric he could pay would be quite unnecessary on a nobleman whose character in public and private was so well known to all his countrymen. After some further observations, the Reverend Doctor conclu. ded by moving, that the Moderator be di rected, in name of the Assembly, to write a respectful letter to Lord Napier, expressive of the high sense entertained by the Assembly of his Lordship's important services to the Church, while he filled that elevated office, and sympathising with him on account of his present indisposition.

Sir Henry Moncrieff Wellwood, in seconding the motion, paid a warm tribute to the character of Lord Napier.

The motion was unanimously agreed to.

Friday, May 23.

The following Gentlemen were appointed to preach before his Grace, viz.-The Rev. Dr John Gilchrist, of Greenock, on Sunday forenoon, and the Rev. David Dick. son, jun. of St Cuthbert's, in the afternoon. And on Sunday se'ennight, the Rev. Alexander Lockhart Simpson, of Kirknewton, in the forenoon, and the Rev. John Smith, of Bathgate, in the afternoon.

Saturday, May 24.

The Assembly met at twelve o'clock, when drafts of an answer to the Prince Regent, and an Address to his Royal Highness, were produced by the Committee which had been appointed for that purpose. These being read by the Clerk, were unanimously agreed to. Copies were afterwards written out, signed by the Moderator, and

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presented to his Grace the Commissioner, to be forwarded to the Prince Regent.

The Committee appointed to revise commissions then presented their report, when a number of commissions were rejected, among others, that from the city of Glasgow, in favour of John Connel, Esq. on account of an informality.

Monday, May 26.

A letter from Lord Hardwick to the Moderator was laid before the Assembly, requesting that Venerable House to afford him all the information they could furnish as a collective body in regard to the poor laws and the management of the poor in Scotland. After some observations by Sir G. S. Mackenzie, Dr Nicol, and Sir H. Moncrieff, this subject was referred to a committee.

After this came before the House, certain proceedings of the Presbytery of Brechin and the Magistrates of Montrose, respecting the right of the Presbytery to visit and examine the parochial and other schools of the Burgh of Montrose, and all others within their bounds, the right of which the Magistrates seemed unwilling to allow. The Rev. Mr Burns of Dunn entered into a long and minute but candid discussion of the subject, to which James Gibson, Esq. member for that burgh, made a learned and able reply; with which the House seemed fully satisfied, and came to the following decision:-" The General Assembly approve of the firmness and propriety with which the Presbytery of Brechin have asserted their indubitable right to examine schools of every description within their bounda; but in respect to what has been stated by the Elder from the burgh of Montrose, in name of the Magistrates and Council, that they were sensible of their past error, and will give no opposition in future to the exercise of this right, the Assembly judge it unnecessary to take any other steps in this matter: at the same time, they recommend it to the members of that and of all the other Presbyteries of this church, to continue their vigilance in attending to the different schools within their bounds; and the Assembly enjoin their Clerks to see that this judgment be inserted among the print. ed Acts of the Assembly."

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sent to make any appointment upon the subject, leaving it to the ministers of the Church, in their own time and way, to continue to impress upon their hearers a just sense of the invaluable blessings which they have derived from the Reformation.

Overtures from the Synod of Glasgow and Ayr, and from the Synod of Merse and Tiviotdale, anent the registration of births, &c. were referred to a committee. An overture from the Synod of Moray respecting the fiars of grain, was also referred to a committee.

Wednesday, May 28.

The overture relating to the union of offices was read, and it appearing that 55 Presbyteries approved of it, the Assembly therefore enacted it as a law of the Church. A petition from Mr John Menzies, a member of the Presbytery of Zetland, was read, complaining against a sentence of that Presbytery, for changing the place of meeting from Lerwick to Grobesness; and also complaining of an election of members for the General Assembly which had taken place at the latter place, and to sustain the elec tion that took place at Lerwick. Mr Men. zics appeared for himself, and Mr Henry Cockburn as his counsel; and Mr Francis Jeffrey for the Presbytery. Parties being fully heard, the General Assembly, without a vote, sustained the complaint, and found that the election that took place at Lerwick was regular, and ordered the other commis. sioners names who were elected at Grobes. ness to be expunged from the roll.

Thursday, May 29.

The Assembly had transmitted to them from their Committee of Bills, the petition of Mr John Shiels, minister of Westruther, Dr Douglas, minister of Galashiels, and Mr John Thomson, minister of Max

ton, complainers, against a sentence of the
Synod of Merse and Teviotdale of the 22
April last, rescinding a sentence of the said
Synod, and restoring Mr John Campbell,
minister of Selkirk, to his judicial powers-
Parties being called in, compeared for the
complainers, Mr Shiels and Dr Douglas;
Mr Campbell for himself; and for the Synod,
Mr. Lundie, at Kelso; Mr Morrison, at
Morebattle; Mr Craw, at St Boswell's; Mr
Hunter, at Swinton; and Mr Richmond, at
South Dean.

Parties being fully heard and removed, after reasoning, the General Assembly unanimously agreed to sustain the complaint, and revise the judgment complained of, as incompetent and highly irregular, in so far as it appoints the minute of a preceding meeting to be erased from the records; but they approve of the conduct of the Synod

in restoring Mr Campbell to the exercise of his judicial powers, and recommend to the Synod of Merse and Teviotdale to exercise their undoubted right of enforcing the attendance of their members with lenity and discretion, so as not to hurt the usefulness, nor injure a brother.

Friday, May 30.

The report of the trustees of the widows' fund was presented by Sir H. Moncreiff, collector of said fund, and ordered to lie on the table till to-morrow. It was moved

and unanimously agreed to, that the thanks of the Assembly be given to Sir H. Moncrieff, for the fidelity, zeal, and tenderness, with which he has uniformly discharged

the duties of his office.

An overture from the Synod of Aberdeen, regarding the Presbyterian Church of Canada, was presented and read, together with extracts of the proceedings of a Committee, as well as the Kirk Session of said church, respecting the appointment of an assistant and successor to their present minister. The General Assembly expressed

their satisfaction at the desire of the congregation of Presbyterians at Montreal to be considered as in full communion with them, and that they should have called to dispense the ordinances of religion, a minister who has been licenced and ordained by

the national established church of Scotland;

and the Assembly, at same time declare, that so long as that congregation continues to elect pastors thus qualified, its members shall be regarded as in full communion with the church.

Saturday, May 31.

The Assembly appointed their commission, with instructions, and added thereto Dr Hugh Meiklejohn, in place of the Moderator, and Johu Connel, Esq. advocate, from the city of Glasgow, Robert Whigham, Esq. from the burgh of Forfar, and Sir Trafford Campbell of Asknish, Kt. from the burgh of Inverary, whose commissions had been rejected, on account of informality; but excepted those who were returned by the meeting of ministers of the Presbytery of Zetland, which was held at Grobesness, calling itself a meeting of that Presbytery.

A petition was presented from Dr James Bryce, Presbyterian minister of Calcutta, praying the Assembly to remove the injunction laid on their chaplains in India by the Rev. the Presbytery of Edinburgh, dated 27th March 1816, and to favour the petitioner with such other advice or instructions as to them in their great wisdom might seem meet; as also a petition from Dr Thomas M'Knight, clerk of that Presbytery-Both these petitions having been

read, together with an extract from the minutes of the Presbytery on the subject of Dr Bryce's petition, and Francis Jeffrey, Esq. advocate, being heard in support of Dr Bryce's petition, and Dr Inglis, a mem. ber of the Presbytery, in support of their procedure, the Assembly find, that no blame whatever can be imputed to the Presbytery of Edinburgh, who have acted according to the best of their judgment, in circumstances of peculiar difficulty and delicacy; but see no reason why Dr Bryce should not be permitted to solemnize mariages, when cise of his ministerial duty; and therefore called upon to do so in the ordinary exer of Edinburgh upon that subject, satisfied do remove the injunction of the Presbytery with civil rights, he will conduct himself, that in this, and every question connected as he is hereby required to do, with that perfect respect and deference toward the local authorities to which they are entitled, and which are in a particular manner due to the Most Noble the Marquis of Hastings, the Governor-General of India, for the countenance and protection offered by his Excellency to this branch of the Church of Scotland; and the Assembly farther resolve to appoint a Committee to draw up a respectful memorial to the Honourable the pany, and to correspond with that Honourable Court on this important subject.

Court of Directors of the East India Com

Monday, June 2.

The Procurator having reported the state of the funds of the Church, the Assembly approved highly of the conduct of the Procurator, in regard to its management, and appointed a Committee to advise with and direct him in the future management of said funds; and the Assembly renewed their former recommendation given to Pres. byteries upon that subject, and enjoined their clerks to transmit the same to the dif ferent Presbyteries of the Church.

The report of the Committee on parish registers having been read, the Committee were required to communicate with the Lord Advocate on that subject, and were authorised to take the necessary steps to procure a legislative enactment for carrying into execution the measure recommended in the report.

The report of the Committee on the Earl of Hardwick's letter having been read, the Assembly highly approved of the diligence of their Committee, and directed the Moderator to transmit the same as his answer to the Right Honourable the Earl of Hardwick; and the Moderator having communicated a letter he had that day received from the Right Honourable Mr Sturges

Bourne,

Bourne, Chairman of the Committee of the House of Commons, requesting the same information which the Earl of Hardwick had desired, the Assembly directed the Modera tor to transmit a copy of the report as his

answer.

The Committee of Bills transmitted to the Assembly the petition of the Rev. Mr Fraser, appellant, against a sentence of the Synod of Lothian and Tweeddale, of the 12th May, affirming a sentence of the Presbytery of Edinburgh, of 30th April, respecting the prayer of a petition to have him introduced as assistant and successor to Mr Robertson, minister of Leith- Wynd chapel of Ease, and prohibiting Mr Robertson from employing him in performing ministerial duties in said chapel. The minutes of the Presbytery, narrating their procedure in this cause having been read, together with other documents which had been before the Presbytery; parties being called, Mr Fraser appeared for himself, and Francis Jeffrey, Esq. as his Counsel; and the Reverend Dr Inglis, Dr Fleming, and Mr Andrew Thomson, for the Presbytery; and they having been fully heard, the Assembly unanimous ly agreed to dismiss the appeal, and affirm the sentence of the Synod of Lothian and Tweeddale,

His Grace the Commissioner then made an elegant speech from the Throne, and dissolved the Assembly, in the name of his Royal Highness the Prince Regent, on behalf of his Majesty. The Moderator then dissolved the Assembly in the usual form. The next General Assembly will meet on Thursday the 21st May 1818.

There has been less business before the General Assembly this year than we ever remember. Every question has been argued and agreed to with the greatest cordiality and unanimity. No division has taken place a singular circumstance in our Church Courts.

HIGH COURT OF JUSTICIARY.

Monday May 26.

The Court proceeded to consider the minutes in the case of William Edgar; and after hearing counsel on both sides, the judges delivered their opinions. Lords Justice Clerk, Hermand, and Pitmilly remaining of the same judgment, that they had stated when the case was last before the Court, namely, that the objections then made ought to be repelled. Lord Reston confessed that he had come over to the same opinion; but Lord Gillies still thought as for merly, that the service of the second indictment did not do away the first, and that the prisoner had a right to insist on the

public prosecutor going on with the first indictment. This being only one of a mi nority, the Court repelled the objection, and appointed the trial to take place next Monday.

The Court then proceeded to the trial of the Rev. Neil Douglas, of Glasgow, accused of sedition, a full detail of which will be found at p. 417 of this Number.

Monday, June 2.

Edgar's trial was postponed, and the Court proceeded to that of Andrew M⭑Kinley, cotton-spinner in Glasgow, presently a prisoner in Edinburgh Castle, also accused of administering unlawful oaths. Mr Cranstoun, Mr Grant, and Mr Clerk, were heard against the relevancy of the libel, and Mr Drummond in support of it. The Lord Justice Clerk stated, that an objection had occurred to the Court, which had been overlooked by the prisoner's Counsel; it related to a difference in the conclusion of the indictment from the fact stated in the major proposition-the one stating the oath actually to bind the person taking it to com mit treason; the other in the words of the act purporting and intending only to bind to commit treason. The Judges were unanimously of opinion that the objections that had been made to the libel ought to be discussed in informations to be lodged within three weeks. The Lord Advocate then deserted the dict against the prisoner, and intimated his intention of indicting him anew upon another (third) indictment. The pannel was committed upon a new warrant. The Lord Justice Clerk afterwards stated, that the Court would consider themselves as bound to construe the oath according to the common acceptation of the words—they were not called upon to say, by the Act of Parliament, whether it bound the party taking it to commit treason, but whether it purported or intended so to bind.

CIRCUIT INTELLIGENCE.

NORTHERN CIRCUIT-LORDS PITMILLY AND RESTON.

Perth, April 16 and 18.

Alexander Scrimgeour and James Mackie, accused of repeated acts of theft, were outlawed for non-appearance.

The diet was called against Charles Walker, James Ewans, and John Foggo; char ged with assault. The advocate-depute deserted the diet pro loco et tempore as to Fog go and Ewans; who, on a warrant being granted for their recommitment, were ad mitted to bail.-Walker having failed to ap pear, was outlawed.

Margaret Bain, accused of stealing, plead.

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ed guilty, and was sentenced to four months imprisonment.

George Archer, indicted for breaking into a shop in Dundee, and carrying off a quantity of yarn, &c. pleaded guilty, and was sentenced to be transported for seven years.

James Loudon, shoemaker, and James Stein, labourer, were found guilty of an assault on Henry Esden and Duncan Stewart, and were sentenced to nine months imprisonment, and to find caution to keep the peace for three years.

James Stewart, alias Gellatly, John Maclean, George Ross, and John Stewart, accused of assaulting John M'Intosh, sheepdrover, Badenoch, and robbing him of £.8: 12s; and also of assaulting David Spence, and robbing him of ls. pleaded guilty to the robbery of M'Intosh, but not guilty as to Spence. The libel was restricted, and they were sentenced to 14 years transpor. tation.

The diets against Walter Graham, for assault and robbery, and Janet Maxwell, for theft and housebreaking, were deserted pro loco et tempore, and they were recommitted to prison.

Hugh Noble, alias Innes, and James Miller, alias Hugh Cameron, were indicted for three different acts of theft. After examining several witnesses, the pannels pleaded guilty; and the libel being restricted, they were sentenced to be transported for 14 years.

Ann Brown, alias Macdonald, accused of stealing and reset of theft, was, on her own confession, found Guilty of the latter crime, and was sentenced to be imprisoned in Perth jail for twelve months.

Jean Macdonald, alias Pedan, alias Dunlop; James Dunlop, her husband; Helen Hughes, alias Henderson; and John Hughes, her son, were tried for stealing cloth from two shops in Perth, and for reset of theft. The jury were enclosed, and next morning returned a verdict, finding, by a plurality of voices, James Dunlop Guilty of both crimes, and Jean Macdonald and John Hughes Guilty of reset of theft. James Dunlop was sentenced to be transported for 14 years, and the other two for seven years, Helen Hughes was acquitted.

Thomas Eason, for assaulting and stabbing George Thomson, in a scuffle near Perth, was found Guilty, and was sentenced to be imprisoned in Perth jail for six months.

Aberdeen, April 22, 23, and 24.

The first case which occupied the attention of the Court was that of James Taylor, John Gordon, and George Pirie, apprentices to Mr John Gordon, surgeon in Keith, June 1817.

accused of violating the sepulchres of the dead. The pannels, who were all young men, pleaded guilty to the charge; and a jury having been impanneled, found them guilty, in terms of their own confession; but on account of their youth and other circumstances, unanimously recommended them to the clemency of the Court. Sentenced to be imprisoned for four months in the jail of Banff.

Alexander M'Clean, alias M'Lennan, accused of three separate acts of shop breaking and theft, or reset of theft. This trial excited some interest, from the circumstance of three of the pannel's reputed accompli çes, as well as a woman with whom he co. habited as his wife, being adduced on the part of the prosecution. One of these witnesses, John Melvin, in the course of his examination, betrayed such gross prevarication and concealment of the truth, that the Court ordered him back to jail, as guilty of perjury. He had not long been in custody, however, before it was intimated to the Court, that he was desirous and ready to tell the truth; when he was called back and re-examined. His evidence, however, with that of his associates in guilt, was of such a nature that little faith could be placed in it. The jury found the pannel Guilty of receiving certain articles stolen from the shop of Daniel Gray, druggist, knowing them to be stolen; and the charge of breaking into the shop of William Smith grocer, not proven. Sentenced to transportation beyond seas for 14 years.

Thomas Christie, accused of theft, aggravated by breaking open lock-fast places, was found guilty upon his own confession, and sentenced to confinement and hard labour in Bridewell of Aberdeen for 18 months.

Christian Wishart and Isobel Anderson were then severally tried for theft. They both pleaded Guilty, and were sentenced, the former to nine months imprisonment in the tolbooth of Stonehaven, and the latter to 18 months imprisonment and hard la bour in Bridewell of Aberdeen.

Alexander Harrows, alias Harras, and George Watt, accused of robbing William Robertson, a road-maker, by abstracting £.23 from his pocket-book, were found Guilty, and sentenced to be transported for seven years.

John Gibb, sen. farmer at Nether Ban chory, accused of assault, was, after a short trial, found Not Guilty, and dismissed from the bar.

Charles Stewart, alias Cowper, alias John M Pherson, alias James M Pherson, was found Guilty, on his own confession, of an assault on an excise officer, and sentenced

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